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 on services received from foreign bank - The Tribunal determined that the appellant was not receiving any direct services from the foreign banks that warranted taxation. The banks provided services to other banks within India, which then interacted with the appellant. Any fees deducted by foreign banks were seen as inter-bank transactions, not services provided to the appellant. The Tribunal set aside the impugned orders and allowed the appeals of the appellant.
Levy of service tax on services received from foreign bank - The Tribunal determined that the appellant was not receiving any direct services from the foreign banks that warranted taxation. The banks provided services to other banks within India, which then interacted with the appellant. Any fees deducted by foreign banks were seen as inter-bank transactions, not services provided to the appellant. The Tribunal set aside the impugned orders and allowed the appeals of the appellant.
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