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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Corporate guarantees provided without consideration are not taxable under the Finance Act, 1994, as established by the Supreme Court's decision in Commissioner of CGST & Central Excise Vs Edelweiss Financial Services Ltd. The Tribunal held that for taxation u/s 66B, an activity must have a 'provider' and 'consideration' flow, which is absent in such guarantees. Regarding service tax on profit/mark-up, the Tribunal, following the Tiger Logistics case, ruled that profit earned through business activities cannot be considered consideration for service, thus not taxable. The assessee's appeal was allowed, setting aside the demands.
Corporate guarantees provided without consideration are not taxable under the Finance Act, 1994, as established by the Supreme Court's decision in Commissioner of CGST & Central Excise Vs Edelweiss Financial Services Ltd. The Tribunal held that for taxation u/s 66B, an activity must have a 'provider' and 'consideration' flow, which is absent in such guarantees. Regarding service tax on profit/mark-up, the Tribunal, following the Tiger Logistics case, ruled that profit earned through business activities cannot be considered consideration for service, thus not taxable. The assessee's appeal was allowed, setting aside the demands.
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