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 a dispute over the classification of services provided under turnkey contracts as either Consulting Engineering Services or Works Contract Services. The Appellate Tribunal held that the appellant did not transfer any property in the project to the project authority. The appellant's role was advisory, appointing contractors on behalf of the project authority. Payments made to contractors were charged to the project authority, with no separate consideration received by the appellant. The appellant's financial documents showed no sales related to works contracts. As a government body, the appellant's financial records were reliable. The absence of property transfer from the appellant to the project authority led to the classification of the contract as Consulting Engineering Service, not Works Contract. The appeal was allowed, and the impugned order was set aside.
The case involved a dispute over the classification of services provided under turnkey contracts as either Consulting Engineering Services or Works Contract Services. The Appellate Tribunal held that the appellant did not transfer any property in the project to the project authority. The appellant's role was advisory, appointing contractors on behalf of the project authority. Payments made to contractors were charged to the project authority, with no separate consideration received by the appellant. The appellant's financial documents showed no sales related to works contracts. As a government body, the appellant's financial records were reliable. The absence of property transfer from the appellant to the project authority led to the classification of the contract as Consulting Engineering Service, not Works Contract. The appeal was allowed, and the impugned order was set aside.
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