Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
Third-party loose sheets require reliable nexus before supporting unexplained expenditure additions; presumptions do not establish payer identity or o...
TNMM comparability using audited accounts and working-capital adjustments can eliminate unwarranted transfer-pricing additions where verified margins ...
Gross-profit additions on disputed purchases require reasoned appellate determination; disclosed claims alone do not support inaccurate-particulars pe...
Limitation after transfer-pricing remand: fresh TPO reference did not extend the assessment deadline, rendering the consequential assessment time-barr...
Interim judicial restraint on tax deduction prevents default, while supporting reasonable cause and penalty deletion for foreign-leg LFC reimbursement...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4894 
