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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Appellants providing long duration courses not approved by AICTE were exempted from service tax liability u/s 65(105)(zzc) of Finance Act, 1994 until Finance Act, 2011 removed the exemption. However, Finance Act, 2012 reinstated the exemption from 01.07.2012. Thus, appellants had no tax liability for the impugned period. The department wrongly alleged suppression of facts and invoked extended period of limitation despite absence of tax evasion or malafide intent. CESTAT set aside the impugned order and allowed the appeal.
Appellants providing long duration courses not approved by AICTE were exempted from service tax liability u/s 65(105)(zzc) of Finance Act, 1994 until Finance Act, 2011 removed the exemption. However, Finance Act, 2012 reinstated the exemption from 01.07.2012. Thus, appellants had no tax liability for the impugned period. The department wrongly alleged suppression of facts and invoked extended period of limitation despite absence of tax evasion or malafide intent. CESTAT set aside the impugned order and allowed the appeal.
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