Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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Agreement to tolerate an act as a declared service requires an independent contractual arrangement specifically providing for tolerance and a direct nexus between that arrangement and consideration. Retention of life-insurance premiums following policy lapse for non-payment or repudiation for mis-declaration did not meet those requirements: the insurance contract contained no separate tolerance agreement, and the policy became void without further insurance service. The retained premium was therefore not consideration for a distinct declared service, and taxing it would also create double taxation. The service-tax demand, interest and penalties were unsustainable.
Agreement to tolerate an act as a declared service requires an independent contractual arrangement specifically providing for tolerance and a direct nexus between that arrangement and consideration. Retention of life-insurance premiums following policy lapse for non-payment or repudiation for mis-declaration did not meet those requirements: the insurance contract contained no separate tolerance agreement, and the policy became void without further insurance service. The retained premium was therefore not consideration for a distinct declared service, and taxing it would also create double taxation. The service-tax demand, interest and penalties were unsustainable.
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