Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
CESTAT ruled reimbursement expenses of salary incurred during manpower supply services (2010-13) are not includible in taxable value for service tax purposes when acting as pure agent. The Tribunal emphasized that u/ss 66 and 67 of the Act, only the service component constitutes taxable value, distinguishing between reimbursement and remuneration. The demand was held time-barred as no suppression existed, with records being publicly available and regularly audited. The Tribunal followed precedent establishing that reimbursement expenses are not taxable, only the remuneration component attracts service tax. The appeal was allowed, confirming that salary reimbursements as pure agent are excludible from service tax valuation.
CESTAT ruled reimbursement expenses of salary incurred during manpower supply services (2010-13) are not includible in taxable value for service tax purposes when acting as pure agent. The Tribunal emphasized that u/ss 66 and 67 of the Act, only the service component constitutes taxable value, distinguishing between reimbursement and remuneration. The demand was held time-barred as no suppression existed, with records being publicly available and regularly audited. The Tribunal followed precedent establishing that reimbursement expenses are not taxable, only the remuneration component attracts service tax. The appeal was allowed, confirming that salary reimbursements as pure agent are excludible from service tax valuation.
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