Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
Objective characteristics and principal use govern mining-tyre classification, while fresh advance ruling applications may rely on additional technica...
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The appellants received services from AFL, Hong Kong during export realization, including a 3% fee and specified charges for transferring money to their accounts. Service tax was demanded on various charges deducted by foreign banks from export proceeds for remitting foreign exchange to appellants' accounts in India. The Tribunal held that the service of remittance by a foreign bank to an Indian exporter's bank is not liable to service tax under reverse charge mechanism. Relying on previous decisions, it observed that when foreign banks deduct charges for collecting export bills and remitting proceeds to Indian banks, exporters are not liable to pay service tax. Consequently, the demand, invocation of extended period, and penalties were set aside.
The appellants received services from AFL, Hong Kong during export realization, including a 3% fee and specified charges for transferring money to their accounts. Service tax was demanded on various charges deducted by foreign banks from export proceeds for remitting foreign exchange to appellants' accounts in India. The Tribunal held that the service of remittance by a foreign bank to an Indian exporter's bank is not liable to service tax under reverse charge mechanism. Relying on previous decisions, it observed that when foreign banks deduct charges for collecting export bills and remitting proceeds to Indian banks, exporters are not liable to pay service tax. Consequently, the demand, invocation of extended period, and penalties were set aside.
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