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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The Tribunal examines whether the services provided by the OLSPs to the Appellant fall under the category of "Business Auxiliary Service" as defined in the Finance Act, 1994. It concludes that since the OLSPs are not acting as agents of the Appellant, the services provided by them cannot be taxed under the specified category. - The CESTAT finds that the Show Cause Notice lacks specificity regarding the sub-clause of Section 65(19) under which the demand is raised. It rules that such a defect in the notice cannot be rectified by observations made by the adjudicating authority.
The Tribunal examines whether the services provided by the OLSPs to the Appellant fall under the category of "Business Auxiliary Service" as defined in the Finance Act, 1994. It concludes that since the OLSPs are not acting as agents of the Appellant, the services provided by them cannot be taxed under the specified category. - The CESTAT finds that the Show Cause Notice lacks specificity regarding the sub-clause of Section 65(19) under which the demand is raised. It rules that such a defect in the notice cannot be rectified by observations made by the adjudicating authority.
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