Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
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...
Valuation - Service tax short paid by not including gross amount charged for services rendered. Gross amount charged defined in Section 67 does not expand meaning to include value of free supply goods. Value of taxable services cannot depend on value of goods supplied free. Consideration is amount recovered/recoverable as per agreed terms between parties. Amount approved by service recipient as per contract is consideration for computing tax liability. Short payment due to non-inclusion of Tax Deducted at Source (TDS) not sustainable as TDS grossed up and tax paid except when refunded due to losses. Denial of Cenvat credit for lack of documents not tenable as invoices contained requisite particulars. Liability under reverse charge mechanism for legal consultancy and rent-a-cab services to be appropriated. Extended period of limitation not invokable for mere verbal allegations without dishonest/fraudulent intent.
Valuation - Service tax short paid by not including gross amount charged for services rendered. Gross amount charged defined in Section 67 does not expand meaning to include value of free supply goods. Value of taxable services cannot depend on value of goods supplied free. Consideration is amount recovered/recoverable as per agreed terms between parties. Amount approved by service recipient as per contract is consideration for computing tax liability. Short payment due to non-inclusion of Tax Deducted at Source (TDS) not sustainable as TDS grossed up and tax paid except when refunded due to losses. Denial of Cenvat credit for lack of documents not tenable as invoices contained requisite particulars. Liability under reverse charge mechanism for legal consultancy and rent-a-cab services to be appropriated. Extended period of limitation not invokable for mere verbal allegations without dishonest/fraudulent intent.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
