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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Refund of service tax deposited by mistake of law -The Tribunal concluded that service tax was not leviable on the transaction under dispute. This finding was based on the provisions of Notification No. 41/2016-ST dated 22.09.2016, and Section 104 of the Finance Act 2017, which provided for exemption and refund in cases of long-term lease of industrial plots by government authorities. Therefore, the appeal was allowed, and the impugned order was set aside. The original Adjudicating Authority was directed to grant the refund subject to verification of unjust enrichment
Refund of service tax deposited by mistake of law -The Tribunal concluded that service tax was not leviable on the transaction under dispute. This finding was based on the provisions of Notification No. 41/2016-ST dated 22.09.2016, and Section 104 of the Finance Act 2017, which provided for exemption and refund in cases of long-term lease of industrial plots by government authorities. Therefore, the appeal was allowed, and the impugned order was set aside. The original Adjudicating Authority was directed to grant the refund subject to verification of unjust enrichment
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