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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The case pertains to the levy of service tax, interest, and penalty on business support services involving revenue sharing between the appellant and diagnostic service providers (DSPs). The key points are: The agreements between the appellant and DSPs were principal-to-principal in nature for revenue sharing, not for rendering taxable services by the appellant. The appellant provided infrastructure, and DSPs installed equipment; revenue from patients was shared without any service charges paid by DSPs. The transactions were recognized as principal-to-principal by a circular, and providing basic amenities cannot be considered support services. Healthcare services were exempted from service tax during the relevant period. The appellant did not suppress material facts or evade tax, as earnings were recorded, and the issue involved interpretation. Hence, the extended period of limitation cannot be invoked. The demand for service tax, interest, and penalty was set aside by the appellate tribunal.
The case pertains to the levy of service tax, interest, and penalty on business support services involving revenue sharing between the appellant and diagnostic service providers (DSPs). The key points are: The agreements between the appellant and DSPs were principal-to-principal in nature for revenue sharing, not for rendering taxable services by the appellant. The appellant provided infrastructure, and DSPs installed equipment; revenue from patients was shared without any service charges paid by DSPs. The transactions were recognized as principal-to-principal by a circular, and providing basic amenities cannot be considered support services. Healthcare services were exempted from service tax during the relevant period. The appellant did not suppress material facts or evade tax, as earnings were recorded, and the issue involved interpretation. Hence, the extended period of limitation cannot be invoked. The demand for service tax, interest, and penalty was set aside by the appellate tribunal.
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