Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Freight forwarding on a principal-to-principal basis was treated as an independent transportation arrangement, not a mere intermediary or support activity. The Tribunal accepted that where the forwarder negotiates freight with carriers and customers, procures cargo space on its own account, and bears the legal responsibility and risks of transportation, the amounts recovered from customers for ocean freight and air freight cannot form part of the assessable value for business support service. On that basis, the service tax demand on those freight recoveries was held unsustainable and the impugned order was set aside.
Freight forwarding on a principal-to-principal basis was treated as an independent transportation arrangement, not a mere intermediary or support activity. The Tribunal accepted that where the forwarder negotiates freight with carriers and customers, procures cargo space on its own account, and bears the legal responsibility and risks of transportation, the amounts recovered from customers for ocean freight and air freight cannot form part of the assessable value for business support service. On that basis, the service tax demand on those freight recoveries was held unsustainable and the impugned order was set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
