Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
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Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
For the pre-14.05.2015 period, service tax valuation under Section 67 of the Finance Act, 1994 was confined to the consideration charged for the taxable service and could not be expanded to losses or unrecovered expenditure. The Court noted that Rule 5(1) of the Service Tax (Determination of Value) Rules, 2006 had already been held ultra vires Section 67, and that the amendment treating reimbursable expenditure as part of 'consideration' operated only prospectively from 14.05.2015. As the show cause notice covered an earlier period, the demand based on Rule 5(1) was untenable and was quashed as without jurisdiction.
For the pre-14.05.2015 period, service tax valuation under Section 67 of the Finance Act, 1994 was confined to the consideration charged for the taxable service and could not be expanded to losses or unrecovered expenditure. The Court noted that Rule 5(1) of the Service Tax (Determination of Value) Rules, 2006 had already been held ultra vires Section 67, and that the amendment treating reimbursable expenditure as part of 'consideration' operated only prospectively from 14.05.2015. As the show cause notice covered an earlier period, the demand based on Rule 5(1) was untenable and was quashed as without jurisdiction.
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