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 partially allowed the appellant's appeal against service tax demands. The Tribunal remanded the technical inspection service tax calculation for recomputation, recognizing excess payments had been ignored. It held that written-off advances cannot attract service tax, services rendered by appellant's Japan branch to an Indian client were subject to reverse charge mechanism, and electricity charges collected as a pure agent were not taxable. The demand for maintenance charges was appropriated against tax already paid. The extended limitation period was invalidated as no suppression of facts was established. The appeal was disposed of by remanding calculation issues to the adjudicating authority for verification based on the CA certificate.
CESTAT partially allowed the appellant's appeal against service tax demands. The Tribunal remanded the technical inspection service tax calculation for recomputation, recognizing excess payments had been ignored. It held that written-off advances cannot attract service tax, services rendered by appellant's Japan branch to an Indian client were subject to reverse charge mechanism, and electricity charges collected as a pure agent were not taxable. The demand for maintenance charges was appropriated against tax already paid. The extended limitation period was invalidated as no suppression of facts was established. The appeal was disposed of by remanding calculation issues to the adjudicating authority for verification based on the CA certificate.
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