Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
The AAAR determined that sale of readily available food and beverages not prepared in restaurant premises, whether consumed on-site or taken away, does not constitute 'restaurant service' under SAC 996331. The ruling established that restaurant service requires a composite supply where food/beverage provision is bundled with service elements. The authority emphasized that per Schedule-II clause 6(b) read with Section 7(1A), mere sale of pre-packaged food items without accompanying services represents pure supply of goods, not restaurant service. Consequently, such transactions attract applicable GST rates for goods rather than the concessional rate available for restaurant services under Notification No. 11/2017-Central Tax (Rate) and corresponding State notifications.
The AAAR determined that sale of readily available food and beverages not prepared in restaurant premises, whether consumed on-site or taken away, does not constitute 'restaurant service' under SAC 996331. The ruling established that restaurant service requires a composite supply where food/beverage provision is bundled with service elements. The authority emphasized that per Schedule-II clause 6(b) read with Section 7(1A), mere sale of pre-packaged food items without accompanying services represents pure supply of goods, not restaurant service. Consequently, such transactions attract applicable GST rates for goods rather than the concessional rate available for restaurant services under Notification No. 11/2017-Central Tax (Rate) and corresponding State notifications.
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