Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
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Outdoor catering exemption extends to organised pantry and catering arrangements supplying beverages, sandwiches and refreshments where the catering arrangement as a whole provides a substantial and satisfying meal. The expression is not confined to lunch or dinner, and individual menu items cannot be isolated to deny exemption. For composite catering contracts involving food and beverages subject to VAT, the taxable service value must be separately identified under the contract and valuation provisions; service tax cannot be demanded on the entire consideration by assumption. Extended limitation does not apply where registration, returns, agreements, invoices and VAT records disclose all primary facts and the dispute concerns only interpretation of the exemption. The demand, interest and penalties were set aside.
Outdoor catering exemption extends to organised pantry and catering arrangements supplying beverages, sandwiches and refreshments where the catering arrangement as a whole provides a substantial and satisfying meal. The expression is not confined to lunch or dinner, and individual menu items cannot be isolated to deny exemption. For composite catering contracts involving food and beverages subject to VAT, the taxable service value must be separately identified under the contract and valuation provisions; service tax cannot be demanded on the entire consideration by assumption. Extended limitation does not apply where registration, returns, agreements, invoices and VAT records disclose all primary facts and the dispute concerns only interpretation of the exemption. The demand, interest and penalties were set aside.
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