Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
A statutory development authority challenged service tax demands on various services provided by them. CESTAT held that while the authority performs sovereign functions for the West Bengal government, certain commercial activities like property rental and advertising space leasing remain taxable. The tribunal found that licensing fees and development charges, being sovereign functions, were exempt. However, the tax quantification for 2009-12 was deemed legally unsustainable due to improper documentation and calculation methods. The tribunal also ruled the extended period demand time-barred, noting the authority's statutory nature and transparent financial records indicated no deliberate tax evasion. The appeal was allowed on merits and time limitation grounds, invalidating the confirmed demand of Rs. 2,95,48,401.
A statutory development authority challenged service tax demands on various services provided by them. CESTAT held that while the authority performs sovereign functions for the West Bengal government, certain commercial activities like property rental and advertising space leasing remain taxable. The tribunal found that licensing fees and development charges, being sovereign functions, were exempt. However, the tax quantification for 2009-12 was deemed legally unsustainable due to improper documentation and calculation methods. The tribunal also ruled the extended period demand time-barred, noting the authority's statutory nature and transparent financial records indicated no deliberate tax evasion. The appeal was allowed on merits and time limitation grounds, invalidating the confirmed demand of Rs. 2,95,48,401.
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