Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
Despatch money received under FOB export contracts for completing cargo loading before stipulated laytime was treated as a contractual incentive or commercial adjustment, not consideration for port services. Taxable value requires a direct nexus between an amount and a service rendered to another person. As loading was incidental to the export sale contract and there was no separate quick-loading service agreement or privity with the vessel owner, the despatch amount was not liable to service tax. The related service-tax demands were set aside, and consequential interest and penalties could not survive.
Despatch money received under FOB export contracts for completing cargo loading before stipulated laytime was treated as a contractual incentive or commercial adjustment, not consideration for port services. Taxable value requires a direct nexus between an amount and a service rendered to another person. As loading was incidental to the export sale contract and there was no separate quick-loading service agreement or privity with the vessel owner, the despatch amount was not liable to service tax. The related service-tax demands were set aside, and consequential interest and penalties could not survive.
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