Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
Transportation and incidental handling of food grains by road was held not taxable as Goods Transport Agency service because consignment notes were absent, and issuance of a consignment note is an essential condition for that category. The alternative classification as cargo handling service also failed, since the demand was raised on the entire consideration without a workable split between transport and handling charges, and mere transport is outside cargo handling. The activity was treated as covered by the negative list and, in any event, exempt for loading and unloading of agricultural produce. On that footing, service tax, interest and penalties were unsustainable, and the extended period could not be invoked once the underlying activity was found non-taxable.
Transportation and incidental handling of food grains by road was held not taxable as Goods Transport Agency service because consignment notes were absent, and issuance of a consignment note is an essential condition for that category. The alternative classification as cargo handling service also failed, since the demand was raised on the entire consideration without a workable split between transport and handling charges, and mere transport is outside cargo handling. The activity was treated as covered by the negative list and, in any event, exempt for loading and unloading of agricultural produce. On that footing, service tax, interest and penalties were unsustainable, and the extended period could not be invoked once the underlying activity was found non-taxable.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4918 
