Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
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Letting out shops/premises for shops, canteens, banks, etc. is liable to service tax as it is not directly related to agriculture and agricultural produce. The appellant is liable to pay service tax for the period 1.10.2012 to 31.03.2014 as the activities undertaken were for furtherance of business or commerce, not covered under the Negative List of Section 66D. The exemption under Notification No. 33/2012-ST is not applicable as the aggregate value of taxable services rendered by the appellant from one or more premises exceeded Rs.10 lakhs in the preceding financial years, which is a mandatory condition. The Apex Court has held that exemption notifications must be construed strictly, and all conditions must be fulfilled to claim the benefit. The Commissioner's finding that the appellant's total receipts exceeded the threshold limit for exemption is upheld. The appeal is dismissed.
Letting out shops/premises for shops, canteens, banks, etc. is liable to service tax as it is not directly related to agriculture and agricultural produce. The appellant is liable to pay service tax for the period 1.10.2012 to 31.03.2014 as the activities undertaken were for furtherance of business or commerce, not covered under the Negative List of Section 66D. The exemption under Notification No. 33/2012-ST is not applicable as the aggregate value of taxable services rendered by the appellant from one or more premises exceeded Rs.10 lakhs in the preceding financial years, which is a mandatory condition. The Apex Court has held that exemption notifications must be construed strictly, and all conditions must be fulfilled to claim the benefit. The Commissioner's finding that the appellant's total receipts exceeded the threshold limit for exemption is upheld. The appeal is dismissed.
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