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...
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Levy of service tax - Business Auxiliary services - incentives received from M/s. Volkswagen and M/s. Castrol India - reverse charge mechanism - The tribunal found that these incentives were related to the sales transaction and not for providing services of promoting business. As the relationship was on a principal-to-principal basis, the appellant was interested in selling more cars for profit, not promoting Volkswagen's or Castrol's business. Hence, no service tax could be levied on these incentives. - Regarding the issue of Service Tax Liability on Forfeited Advance Amount, the Tribunal held that, he forfeited advance amounts were not for providing any service but were penalties for cancellation, thus not liable to service tax.
Levy of service tax - Business Auxiliary services - incentives received from M/s. Volkswagen and M/s. Castrol India - reverse charge mechanism - The tribunal found that these incentives were related to the sales transaction and not for providing services of promoting business. As the relationship was on a principal-to-principal basis, the appellant was interested in selling more cars for profit, not promoting Volkswagen's or Castrol's business. Hence, no service tax could be levied on these incentives. - Regarding the issue of Service Tax Liability on Forfeited Advance Amount, the Tribunal held that, he forfeited advance amounts were not for providing any service but were penalties for cancellation, thus not liable to service tax.
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