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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Service tax liability in respect of general insurance premium - The Tribunal agreed with the appellant that service tax should be calculated based on the rates effective at the time of risk assumption (receipt of premium), not the dates on which the payments were processed. They found the Commissioner’s method, which applied new rates retroactively, to be incorrect. - Regarding the Extended Period of Limitation: The Tribunal held that the show cause notice was time-barred as it did not specify grounds for invoking the extended period of limitation. They noted a lack of evidence for wilful misstatement or suppression of facts by the appellant.
Service tax liability in respect of general insurance premium - The Tribunal agreed with the appellant that service tax should be calculated based on the rates effective at the time of risk assumption (receipt of premium), not the dates on which the payments were processed. They found the Commissioner’s method, which applied new rates retroactively, to be incorrect. - Regarding the Extended Period of Limitation: The Tribunal held that the show cause notice was time-barred as it did not specify grounds for invoking the extended period of limitation. They noted a lack of evidence for wilful misstatement or suppression of facts by the appellant.
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