Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
Business expenditure deduction requires proof of genuine commission payments and commercial allowability; turnover growth alone cannot validate the cl...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
