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 agreement between the appellant and M/s GG was a service agreement and not a partnership agreement. The nature of service provided by the appellant to M/s GG was rightly classified as 'Mining Service' u/s 65(105)(zzzh) of the Finance Act, 1994, and not as 'Business Support Service'. The invocation of the extended period of limitation was justified as the appellant did not disclose all relevant facts to the department. Consequently, the appellant was liable to pay Service Tax on the 'Mining Services' provided to M/s GG. The appeal was dismissed.
The CESTAT held that the agreement between the appellant and M/s GG was a service agreement and not a partnership agreement. The nature of service provided by the appellant to M/s GG was rightly classified as 'Mining Service' u/s 65(105)(zzzh) of the Finance Act, 1994, and not as 'Business Support Service'. The invocation of the extended period of limitation was justified as the appellant did not disclose all relevant facts to the department. Consequently, the appellant was liable to pay Service Tax on the 'Mining Services' provided to M/s GG. The appeal was dismissed.
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