Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
Outbound tour services conducted wholly outside India were held not liable to service tax under the tour operator service levy because Chapter V of the Finance Act operated only within its territorial scope. On a harmonious reading of sections 64, 65 and 66, journeys that began and ended outside India, and were consumed abroad, fell outside the taxable service definition. The 2004 budget instructions were treated as enlarging the modes of transport for package tours, not as extending the levy to tours performed wholly abroad. The tax demand was set aside, and the related interest and penalties failed as consequential.
Outbound tour services conducted wholly outside India were held not liable to service tax under the tour operator service levy because Chapter V of the Finance Act operated only within its territorial scope. On a harmonious reading of sections 64, 65 and 66, journeys that began and ended outside India, and were consumed abroad, fell outside the taxable service definition. The 2004 budget instructions were treated as enlarging the modes of transport for package tours, not as extending the levy to tours performed wholly abroad. The tax demand was set aside, and the related interest and penalties failed as consequential.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
