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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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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