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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Service tax liability on construction and sale of complexes/houses/flats, real estate agent services, reverse charge mechanism for legal charges, manpower supply, and works contract services, as well as the extended period of limitation. It holds that service tax is not leviable on construction services, and the appellant is not acting as a real estate agent, hence not liable for service tax on certain receipts. The appellant, being a statutory body and not a business entity, is not liable for service tax under reverse charge mechanism. The extended period of limitation cannot be invoked as there is no suppression or fraud with intent to evade tax by a government authority. Consequently, the impugned orders are set aside, and the appeal is allowed.
Service tax liability on construction and sale of complexes/houses/flats, real estate agent services, reverse charge mechanism for legal charges, manpower supply, and works contract services, as well as the extended period of limitation. It holds that service tax is not leviable on construction services, and the appellant is not acting as a real estate agent, hence not liable for service tax on certain receipts. The appellant, being a statutory body and not a business entity, is not liable for service tax under reverse charge mechanism. The extended period of limitation cannot be invoked as there is no suppression or fraud with intent to evade tax by a government authority. Consequently, the impugned orders are set aside, and the appeal is allowed.
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