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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Taxability of service tax on transporting goods by road covered u/s 66D(p), appellant not being GTA or courier agency, amount towards facilitation of freight and insurance by appellant, service tax demand wrongly raised. Reversal of Cenvat credit denied on services of hiring water tankers, mechanized canteen cleaning, catering services as per Sections 44 and 46 of Factory Act, credit rightly availed. Services like hotel accommodation for personnel imparting training to employees, not for personal use, credit rightly availed. Meaning of terms "includes", "in relation to", "such as" discussed based on judicial precedents. Credit on short-term accommodation/hotel services for inspection and testing of goods by customers, directly related to manufacturing, denial of credit not sustainable. Order under challenge set aside, appeal allowed.
Taxability of service tax on transporting goods by road covered u/s 66D(p), appellant not being GTA or courier agency, amount towards facilitation of freight and insurance by appellant, service tax demand wrongly raised. Reversal of Cenvat credit denied on services of hiring water tankers, mechanized canteen cleaning, catering services as per Sections 44 and 46 of Factory Act, credit rightly availed. Services like hotel accommodation for personnel imparting training to employees, not for personal use, credit rightly availed. Meaning of terms "includes", "in relation to", "such as" discussed based on judicial precedents. Credit on short-term accommodation/hotel services for inspection and testing of goods by customers, directly related to manufacturing, denial of credit not sustainable. Order under challenge set aside, appeal allowed.
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