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 dismissed Revenue's appeal regarding service tax demands on construction services. The Tribunal held that construction services for IIM, DDA, and CEAI were non-taxable as these were not-for-profit organizations using buildings for non-commercial purposes. Construction of private residences for individual clients fell outside service tax scope. Free of cost materials were not includible in taxable value. Advances and miscellaneous income were unrelated to taxable services. Freight and cartage expenses did not qualify as GTA services. Extended limitation period, interest, and penalties were inapplicable as respondent's interpretation was reasonable without malafide intent to suppress facts. Revenue's appeal failed on all counts.
CESTAT dismissed Revenue's appeal regarding service tax demands on construction services. The Tribunal held that construction services for IIM, DDA, and CEAI were non-taxable as these were not-for-profit organizations using buildings for non-commercial purposes. Construction of private residences for individual clients fell outside service tax scope. Free of cost materials were not includible in taxable value. Advances and miscellaneous income were unrelated to taxable services. Freight and cartage expenses did not qualify as GTA services. Extended limitation period, interest, and penalties were inapplicable as respondent's interpretation was reasonable without malafide intent to suppress facts. Revenue's appeal failed on all counts.
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