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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Cenvat credit eligibility on service tax paid by appellants on invoices issued by automobile dealers examined. Department alleged dealers provided insurance services illegally against Insurance Act, 1938 and IRDA Regulations. Credit rejected on grounds of unsigned computer-generated invoices and different service description in invoices by service provider. Held, department cannot deny credit at recipient's end without reopening assessment at dealer's end. Unsigned computer-generated invoices allowed as tax paid not disputed and signatures not required post-2015. Different service description in invoices by service provider not a ground to deny credit to recipient. Impugned orders set aside, appeal allowed. Tribunal followed jurisdictional High Court and Tribunal precedents.
Cenvat credit eligibility on service tax paid by appellants on invoices issued by automobile dealers examined. Department alleged dealers provided insurance services illegally against Insurance Act, 1938 and IRDA Regulations. Credit rejected on grounds of unsigned computer-generated invoices and different service description in invoices by service provider. Held, department cannot deny credit at recipient's end without reopening assessment at dealer's end. Unsigned computer-generated invoices allowed as tax paid not disputed and signatures not required post-2015. Different service description in invoices by service provider not a ground to deny credit to recipient. Impugned orders set aside, appeal allowed. Tribunal followed jurisdictional High Court and Tribunal precedents.
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