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 rebate/subsidy received from Suzuki Japan - Referring to past Tribunal orders and legal principles, the Tribunal found that the Department cannot take contrary stands on the same issue for the same assessee. The Tribunal emphasized that the financial arrangements between the appellant and its parent company were irrelevant to the availability of Cenvat credit and service tax liability. It held that the rebate from Suzuki Japan was akin to a discount on purchase and not a consideration for services, hence not liable to service tax.
Levy of service tax on rebate/subsidy received from Suzuki Japan - Referring to past Tribunal orders and legal principles, the Tribunal found that the Department cannot take contrary stands on the same issue for the same assessee. The Tribunal emphasized that the financial arrangements between the appellant and its parent company were irrelevant to the availability of Cenvat credit and service tax liability. It held that the rebate from Suzuki Japan was akin to a discount on purchase and not a consideration for services, hence not liable to service tax.
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