Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment alr...
Refund of service tax paid under a wrong assessee code was treated as a matter of internal departmental adjustment, not a ground to deny substantive refund once the levy had failed. Amounts deposited during investigation were treated as pre-deposit rather than tax recovered from customers, so the bar of unjust enrichment did not apply mechanically. Where collections from members were covered by mutuality and service tax was not leviable, there was no basis to assume passing on of tax incidence. The retained investigation deposit was therefore refundable, and the unpaid balance was directed to be returned with applicable interest.
Refund of service tax paid under a wrong assessee code was treated as a matter of internal departmental adjustment, not a ground to deny substantive refund once the levy had failed. Amounts deposited during investigation were treated as pre-deposit rather than tax recovered from customers, so the bar of unjust enrichment did not apply mechanically. Where collections from members were covered by mutuality and service tax was not leviable, there was no basis to assume passing on of tax incidence. The retained investigation deposit was therefore refundable, and the unpaid balance was directed to be returned with applicable interest.
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