Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
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...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
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The Appellate Tribunal addressed the issues of service classification, service tax liability, and extended limitation period. The appellants' services did not fall under Business Auxiliary Service (BAS) due to lack of involvement of three parties. The commission, incentives, etc., were not taxable under BAS. The collection for Visa/Passport processing charges was not clarified as a taxable service. Charges retained by the appellants as ORC/RAF were not taxable under BAS. The trade margin earned on ticket sales was not taxable. The failure to deposit service tax collected from sub-agents was not proven. The extended limitation period was not applicable due to proper disclosure. The tribunal set aside the service tax demand, ruling in favor of the appellants.
The Appellate Tribunal addressed the issues of service classification, service tax liability, and extended limitation period. The appellants' services did not fall under Business Auxiliary Service (BAS) due to lack of involvement of three parties. The commission, incentives, etc., were not taxable under BAS. The collection for Visa/Passport processing charges was not clarified as a taxable service. Charges retained by the appellants as ORC/RAF were not taxable under BAS. The trade margin earned on ticket sales was not taxable. The failure to deposit service tax collected from sub-agents was not proven. The extended limitation period was not applicable due to proper disclosure. The tribunal set aside the service tax demand, ruling in favor of the appellants.
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