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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The case involved various issues related to Service Tax, including demand on reverse charge basis for services from Indian Railways, royalty payment to State Government for natural resource extraction, works contract service, Swachh Bharat Cess (SBC), Krishi Kalyan Cess (KKC), and input service credit. The Tribunal held that the benefit of exemption for construction of railway sidings applies regardless of public or private use. It also ruled that service tax on royalty payments prior to April 2016 is not applicable. The appellant was liable for service tax on works contract service but no penalty was imposed. Short payment of SBC and KKC was not sustainable due to lack of intention to evade tax. Input service credit availed on valid documents was allowed. The appeal was disposed of in favor of the appellant.
The case involved various issues related to Service Tax, including demand on reverse charge basis for services from Indian Railways, royalty payment to State Government for natural resource extraction, works contract service, Swachh Bharat Cess (SBC), Krishi Kalyan Cess (KKC), and input service credit. The Tribunal held that the benefit of exemption for construction of railway sidings applies regardless of public or private use. It also ruled that service tax on royalty payments prior to April 2016 is not applicable. The appellant was liable for service tax on works contract service but no penalty was imposed. Short payment of SBC and KKC was not sustainable due to lack of intention to evade tax. Input service credit availed on valid documents was allowed. The appeal was disposed of in favor of the appellant.
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