Permanent-establishment reassessment cannot revisit scrutinised disclosures; extended reopening fails without undisclosed material facts and within st...
Modified returns after business reorganisation must be assessed within pending proceedings, barring parallel scrutiny and consequential transfer prici...
Turnover mismatches under percentage-completion accounting cannot alone establish suppressed income where customer advances remain recorded as liabili...
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Recipient-funded renovation and development expenditure is excluded from the taxable value of renting of immovable property where it is incurred independently, is neither routed through nor controlled by the service provider, and lacks a nexus with the renting service. Service tax remains payable only on the actual rental consideration received. Where tax on that actual consideration and applicable interest are paid before issuance of a show-cause notice, penalties for failure to self-assess and for suppression under sections 77(2) and 78 of the Finance Act, 1994 are not sustained.
Recipient-funded renovation and development expenditure is excluded from the taxable value of renting of immovable property where it is incurred independently, is neither routed through nor controlled by the service provider, and lacks a nexus with the renting service. Service tax remains payable only on the actual rental consideration received. Where tax on that actual consideration and applicable interest are paid before issuance of a show-cause notice, penalties for failure to self-assess and for suppression under sections 77(2) and 78 of the Finance Act, 1994 are not sustained.
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