Service permanent establishment requires non-auxiliary services, while arm's-length distributor remuneration precludes further profit attribution in I...
Make-available condition excludes standard SaaS subscription receipts where customers receive no independently usable technical knowledge after subscr...
Anonymous donation classification fails where charitable trusts maintain undisputed donor identity records and evidence corpus contributions' intended...
Transfer pricing method selection favours TNMM where medical-equipment distribution involves substantial post-import value addition and operational ri...
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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