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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Refund of service tax paid on input services used for export of goods - The Tribunal, in its final analysis, sided with the appellant, confirming their eligibility for the refund. It distinguished this case from previous judgments by focusing on the nature of input services for exported goods and the payment mechanism of service tax under reverse charge basis. - On the limitation period, the Tribunal noted that the crucial date for determining timeliness was the date of service tax payment, not the export date. Since the service tax was paid after July 1, 2007, and the claim was filed within a year from this payment, the Tribunal found the claim timely and thus, eligible for a refund.
Refund of service tax paid on input services used for export of goods - The Tribunal, in its final analysis, sided with the appellant, confirming their eligibility for the refund. It distinguished this case from previous judgments by focusing on the nature of input services for exported goods and the payment mechanism of service tax under reverse charge basis. - On the limitation period, the Tribunal noted that the crucial date for determining timeliness was the date of service tax payment, not the export date. Since the service tax was paid after July 1, 2007, and the claim was filed within a year from this payment, the Tribunal found the claim timely and thus, eligible for a refund.
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