Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
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.
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