Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
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Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
The appellate tribunal addressed two main issues regarding the non-payment of service tax by the appellant. Firstly, it examined the non-payment of service tax on ground rent of empty containers and found in favor of the appellant due to the benefit of cum tax being granted after remand. Secondly, it scrutinized the non-payment of service tax for handling empty containers. Despite circulars suggesting that handling could fall under taxable services, the tribunal ruled that since the containers were not stored or warehoused before handling, they did not qualify for taxation under Storage and Warehousing Services. Furthermore, the activity did not meet the criteria for Cargo Handling Service.
The appellate tribunal addressed two main issues regarding the non-payment of service tax by the appellant. Firstly, it examined the non-payment of service tax on ground rent of empty containers and found in favor of the appellant due to the benefit of cum tax being granted after remand. Secondly, it scrutinized the non-payment of service tax for handling empty containers. Despite circulars suggesting that handling could fall under taxable services, the tribunal ruled that since the containers were not stored or warehoused before handling, they did not qualify for taxation under Storage and Warehousing Services. Furthermore, the activity did not meet the criteria for Cargo Handling Service.
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