Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
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...
Wet lease arrangements for CNG compressors and related equipment constitute supply of tangible goods service where the supplier installs, operates and maintains the equipment, retaining possession and effective control; customers therefore receive use of equipment rather than a transferable right to use it. Service tax liability applies to the transactions for the relevant periods. Extended limitation may be invoked where contractual terms and applicable provisions identify the service as taxable, and payment of sales tax under a different contractual understanding does not remove service tax liability; suppression concerning a High Court judgment also supported the extended period. A rectification order addressing one show cause notice may merge with the original adjudication order where it forms part of that adjudication and the original findings stand upheld by the High Court.
Wet lease arrangements for CNG compressors and related equipment constitute supply of tangible goods service where the supplier installs, operates and maintains the equipment, retaining possession and effective control; customers therefore receive use of equipment rather than a transferable right to use it. Service tax liability applies to the transactions for the relevant periods. Extended limitation may be invoked where contractual terms and applicable provisions identify the service as taxable, and payment of sales tax under a different contractual understanding does not remove service tax liability; suppression concerning a High Court judgment also supported the extended period. A rectification order addressing one show cause notice may merge with the original adjudication order where it forms part of that adjudication and the original findings stand upheld by the High Court.
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