Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
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GST exemption applies to effluent and waste-treatment services supplied by a section 12AA-registered entity where those activities constitute charitable preservation of the environment. The specific nil-rate exemption prevails over the taxable entry for sewage and waste collection, treatment and disposal services, particularly where charitable status has been previously determined. Extended demand proceedings require strict proof of fraud, wilful misstatement, or deliberate suppression of material facts with intent to evade tax; a failure to declare tax liability alone is insufficient. A subsequently discontinued exemption claim and later tax payment do not establish prior intent to evade. The show-cause notice was quashed because the exemption was available and the conditions for invoking the extended-demand provision were absent.
GST exemption applies to effluent and waste-treatment services supplied by a section 12AA-registered entity where those activities constitute charitable preservation of the environment. The specific nil-rate exemption prevails over the taxable entry for sewage and waste collection, treatment and disposal services, particularly where charitable status has been previously determined. Extended demand proceedings require strict proof of fraud, wilful misstatement, or deliberate suppression of material facts with intent to evade tax; a failure to declare tax liability alone is insufficient. A subsequently discontinued exemption claim and later tax payment do not establish prior intent to evade. The show-cause notice was quashed because the exemption was available and the conditions for invoking the extended-demand provision were absent.
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