Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
Import of services - RCM - Business auxiliary services (BAS) / Business support service (BSS) - The tribunal noted that these services were performed entirely outside India. According to Rule 3(ii) of the Taxation of Services (Provided from Outside India and Received in India) Rules, 2006, such services qualify as imports of service into India only if they are performed, fully or partly, in India. - The tribunal concluded that the services did not fall under the scope of BSS for charging service tax under RCM as they were neither related to marketing nor sales of the appellants' goods, nor were they performed in India. Hence, the service tax demands under this category were not sustainable.
Import of services - RCM - Business auxiliary services (BAS) / Business support service (BSS) - The tribunal noted that these services were performed entirely outside India. According to Rule 3(ii) of the Taxation of Services (Provided from Outside India and Received in India) Rules, 2006, such services qualify as imports of service into India only if they are performed, fully or partly, in India. - The tribunal concluded that the services did not fall under the scope of BSS for charging service tax under RCM as they were neither related to marketing nor sales of the appellants' goods, nor were they performed in India. Hence, the service tax demands under this category were not sustainable.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4918 
