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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...
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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...
Levy of service tax - Sale of Bought-Out Spares - contracts with a lifetime spares supply mandate - rendering service under the category of "Business Auxiliary Service" or not - The Tribunal found that the transactions were made on a principal-to-principal basis. There was no evidence of an agency relationship or commission-based transactions. - The Tribunal held that mere trading of goods, including spares, is outside the purview of "service" u/s 66D(e) and covered under the Negative List. Therefore, no service tax can be demanded on such transactions, especially when VAT is already paid.
Levy of service tax - Sale of Bought-Out Spares - contracts with a lifetime spares supply mandate - rendering service under the category of "Business Auxiliary Service" or not - The Tribunal found that the transactions were made on a principal-to-principal basis. There was no evidence of an agency relationship or commission-based transactions. - The Tribunal held that mere trading of goods, including spares, is outside the purview of "service" u/s 66D(e) and covered under the Negative List. Therefore, no service tax can be demanded on such transactions, especially when VAT is already paid.
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