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 examined service tax demands on bank transfers and ledger credits. Appellant contested that Rs.11,11,34,154/- of intra-bank transfers should be deducted instead of Rs.9,45,56,790/-. Due to insufficient evidence supporting the claimed deduction amount and need for proper reconciliation, matter remanded to adjudicating authority. Tribunal agreed that Revenue cannot arbitrarily consider all receipts as taxable without identifying specific service categories. Revenue must verify tax liability based on appellant's reconciliation details. Adjudicating authority directed to re-quantify service tax liability after examining appellant's documentation and conducting proper reconciliation. Appeals disposed of through remand for fresh determination of tax liability.
CESTAT examined service tax demands on bank transfers and ledger credits. Appellant contested that Rs.11,11,34,154/- of intra-bank transfers should be deducted instead of Rs.9,45,56,790/-. Due to insufficient evidence supporting the claimed deduction amount and need for proper reconciliation, matter remanded to adjudicating authority. Tribunal agreed that Revenue cannot arbitrarily consider all receipts as taxable without identifying specific service categories. Revenue must verify tax liability based on appellant's reconciliation details. Adjudicating authority directed to re-quantify service tax liability after examining appellant's documentation and conducting proper reconciliation. Appeals disposed of through remand for fresh determination of tax liability.
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