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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Impugned show cause notice for shortfall in service tax payment based on Rule 5(1) of Service Tax (Determination of Value) Rules, 2006 quashed as ultra vires Section 67 of Finance Act, 1994. Supreme Court held Rule 5 and Rule 2(c) of Rules, 2006 cannot include reimbursable expenses in taxable value prior to amendment of Section 67 by Finance Act, 2015 with effect from May 14, 2015. Show cause notice pertaining to period before May 13, 2015 contrary to Supreme Court decision, hence quashed being without jurisdiction.
Impugned show cause notice for shortfall in service tax payment based on Rule 5(1) of Service Tax (Determination of Value) Rules, 2006 quashed as ultra vires Section 67 of Finance Act, 1994. Supreme Court held Rule 5 and Rule 2(c) of Rules, 2006 cannot include reimbursable expenses in taxable value prior to amendment of Section 67 by Finance Act, 2015 with effect from May 14, 2015. Show cause notice pertaining to period before May 13, 2015 contrary to Supreme Court decision, hence quashed being without jurisdiction.
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