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...
Palmolein classification defeated the crude-oil concession; material misdeclaration sustained recovery and confiscation, while separate false-document...
Levy of servicetax - (1) MDC for Gas Transportation: The CESTAT ruled that the MDC collected by the appellant cannot be considered as payment for a service provided, especially when gas consumption falls below a certain threshold. Therefore, they held that the appellant is not liable to pay service tax on MDC. - (2) Realization of Sale Value of Gas: Citing a precedent involving GAIL India Limited, the Tribunal found that the marketing margin received by the appellant, which is part of the sale value of gas, does not attract service tax. They emphasized that the nature of the consideration received as marketing margin does not involve a separate service element and is already subject to VAT.
Levy of servicetax - (1) MDC for Gas Transportation: The CESTAT ruled that the MDC collected by the appellant cannot be considered as payment for a service provided, especially when gas consumption falls below a certain threshold. Therefore, they held that the appellant is not liable to pay service tax on MDC. - (2) Realization of Sale Value of Gas: Citing a precedent involving GAIL India Limited, the Tribunal found that the marketing margin received by the appellant, which is part of the sale value of gas, does not attract service tax. They emphasized that the nature of the consideration received as marketing margin does not involve a separate service element and is already subject to VAT.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4891 
