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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Benefit of input service tax credit was denied due to failure to submit Cenvat credit account showing credit taken in books within one year from invoice date. Commissioner (Appeals) should re-examine eligibility for adjustment against demand for 2014-15, 2016-17 & 2017-18 after considering supporting documents. Service tax demand calculated on net receipt basis upheld, except for Rs.47,683/- confirmed after incorrect abatement percentage applied. Extended period of limitation invoked correctly as wrong practice followed cannot be considered disclosure of facts. Order partly set aside for re-determination of Rs.47,683/- demand, adjustment eligibility for certain years, and consequential penalty. Remaining findings upheld as no error substantiated.
Benefit of input service tax credit was denied due to failure to submit Cenvat credit account showing credit taken in books within one year from invoice date. Commissioner (Appeals) should re-examine eligibility for adjustment against demand for 2014-15, 2016-17 & 2017-18 after considering supporting documents. Service tax demand calculated on net receipt basis upheld, except for Rs.47,683/- confirmed after incorrect abatement percentage applied. Extended period of limitation invoked correctly as wrong practice followed cannot be considered disclosure of facts. Order partly set aside for re-determination of Rs.47,683/- demand, adjustment eligibility for certain years, and consequential penalty. Remaining findings upheld as no error substantiated.
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