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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Levy of service tax - various public amenities provided by the Municipal Corporation such as market space, bus stands, vehicle stands, slaughter houses etc. - After considering the submissions and evidence, the Appellate Tribunal ruled in favor of the appellant regarding the taxability of civic amenities, stating that they were sovereign functions exempt from tax. However, they upheld the tax demand for telecom services, as part of the amounts received were deemed payments for services rendered. The Tribunal also accepted the Commissioner's methodology for tax calculation but set aside the demand for the extended period due to lack of evidence of intent to evade payment. The matter was remanded for redetermination of taxes considering factual errors and duplication of taxes. All penalties were set aside.
Levy of service tax - various public amenities provided by the Municipal Corporation such as market space, bus stands, vehicle stands, slaughter houses etc. - After considering the submissions and evidence, the Appellate Tribunal ruled in favor of the appellant regarding the taxability of civic amenities, stating that they were sovereign functions exempt from tax. However, they upheld the tax demand for telecom services, as part of the amounts received were deemed payments for services rendered. The Tribunal also accepted the Commissioner's methodology for tax calculation but set aside the demand for the extended period due to lack of evidence of intent to evade payment. The matter was remanded for redetermination of taxes considering factual errors and duplication of taxes. All penalties were set aside.
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