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 CESTAT held that the activity of packing bulk products into retail packs by the appellant or job workers amounts to 'manufacture' u/ss 2(f) and Chapter Notes 6 & 5 of Chapters 30 and 33 of the Central Excise Tariff Act, 1985. Consequently, no service tax is payable on such manufacturing activity. The Tribunal set aside the entire demand of service tax, interest, and penalties imposed on the appellants. It also held that the extended period of limitation invoked for confirming part of the demand was not applicable, as there was no suppression of facts, only an interpretation issue. The appeal was allowed.
The CESTAT held that the activity of packing bulk products into retail packs by the appellant or job workers amounts to 'manufacture' u/ss 2(f) and Chapter Notes 6 & 5 of Chapters 30 and 33 of the Central Excise Tariff Act, 1985. Consequently, no service tax is payable on such manufacturing activity. The Tribunal set aside the entire demand of service tax, interest, and penalties imposed on the appellants. It also held that the extended period of limitation invoked for confirming part of the demand was not applicable, as there was no suppression of facts, only an interpretation issue. The appeal was allowed.
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