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 involves the classification of services as Management or Business Consultant Services for tax purposes, specifically in relation to merger and acquisitions. The tribunal held that services provided by the appellant fall under Business and Management Consultant Services based on their brochure and a Board clarification. The Chennai Bench decision emphasized that management tasks extend beyond core business activities. The appellant's services also include Legal Consultancy Services, which should be excluded from tax calculation pre-2009. The tribunal upheld the levy of tax on merger and acquisition services, citing a 2001 Board circular. The appellant's failure to register and pay tax was deemed non-bonafide, justifying the extended limitation period for demand. Interest and penalties were upheld, with a remand for re-determination of tax quantum and penalty. The appeal was partly allowed, and the matter was remanded for further proceedings.
The case involves the classification of services as Management or Business Consultant Services for tax purposes, specifically in relation to merger and acquisitions. The tribunal held that services provided by the appellant fall under Business and Management Consultant Services based on their brochure and a Board clarification. The Chennai Bench decision emphasized that management tasks extend beyond core business activities. The appellant's services also include Legal Consultancy Services, which should be excluded from tax calculation pre-2009. The tribunal upheld the levy of tax on merger and acquisition services, citing a 2001 Board circular. The appellant's failure to register and pay tax was deemed non-bonafide, justifying the extended limitation period for demand. Interest and penalties were upheld, with a remand for re-determination of tax quantum and penalty. The appeal was partly allowed, and the matter was remanded for further proceedings.
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