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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Non-payment of service tax - Double Taxation - Service receiver had already discharged the service tax liability - The Appellate Tribunal acknowledged that the service receiver had deposited the entire service tax amount on the works contract services provided by the appellant. It noted precedent indicating that once tax is paid by the service recipient, the Revenue cannot confirm the same tax against the service provider to avoid double taxation. - Regarding the limitation period, the Tribunal agreed with the appellant that invoking an extended period was unjustified. It referenced decisions indicating that when services rendered are reflected in public documents like Balance Sheets and Income Tax Returns, the invocation of an extended limitation period is not warranted unless there is evidence of mala fide intention.
Non-payment of service tax - Double Taxation - Service receiver had already discharged the service tax liability - The Appellate Tribunal acknowledged that the service receiver had deposited the entire service tax amount on the works contract services provided by the appellant. It noted precedent indicating that once tax is paid by the service recipient, the Revenue cannot confirm the same tax against the service provider to avoid double taxation. - Regarding the limitation period, the Tribunal agreed with the appellant that invoking an extended period was unjustified. It referenced decisions indicating that when services rendered are reflected in public documents like Balance Sheets and Income Tax Returns, the invocation of an extended limitation period is not warranted unless there is evidence of mala fide intention.
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