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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The HC held that an integrated tax on imported services can only be imposed under Section 5(1) of the IGST Act, and a service once classified cannot be recharacterized. Section 3(7) of the Customs Tariff Act cannot be interpreted as creating an independent levy but is part of the machinery for GST collection. The court rejected the government's attempt to levy additional customs duty on imported services that were already subject to IGST, finding this would impinge upon powers conferred by Articles 246A and 269A. Notification No. 36/2021 was quashed to the extent it purported to levy an additional duty beyond IGST, as such dual taxation was deemed unconstitutional.
The HC held that an integrated tax on imported services can only be imposed under Section 5(1) of the IGST Act, and a service once classified cannot be recharacterized. Section 3(7) of the Customs Tariff Act cannot be interpreted as creating an independent levy but is part of the machinery for GST collection. The court rejected the government's attempt to levy additional customs duty on imported services that were already subject to IGST, finding this would impinge upon powers conferred by Articles 246A and 269A. Notification No. 36/2021 was quashed to the extent it purported to levy an additional duty beyond IGST, as such dual taxation was deemed unconstitutional.
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