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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Recovery of service tax u/s 73(2) of Finance Act, 1994 and section 174 of CGST Act, 2017 with interest and penalty was challenged. The issue pertained to classification of repair and maintenance activity involving supply of materials as works contract service and exclusion of value on which VAT was paid to determine taxable value of services. The Tribunal held that when invoices separately show value of goods and service charges, service tax is chargeable only on service/labor charges, and value of goods used for repair is not includable in assessable value. The Commissioner erred in including value of spare parts in assessable value as it was a composite contract involving supply of goods and services. Service tax was not leviable on composite contracts till 01.07.2012, and the period involved was from April 2009 to June 2012. Consequently, the impugned order was set aside, and the appeal was allowed.
Recovery of service tax u/s 73(2) of Finance Act, 1994 and section 174 of CGST Act, 2017 with interest and penalty was challenged. The issue pertained to classification of repair and maintenance activity involving supply of materials as works contract service and exclusion of value on which VAT was paid to determine taxable value of services. The Tribunal held that when invoices separately show value of goods and service charges, service tax is chargeable only on service/labor charges, and value of goods used for repair is not includable in assessable value. The Commissioner erred in including value of spare parts in assessable value as it was a composite contract involving supply of goods and services. Service tax was not leviable on composite contracts till 01.07.2012, and the period involved was from April 2009 to June 2012. Consequently, the impugned order was set aside, and the appeal was allowed.
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