Transfer-pricing benchmarking and capital-receipt principles sustained taxpayer relief, while unsupported property-advance write-offs remained disallo...
Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
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.
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