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 ruled that cleaning services provided to Indian Railways were exempt from Service Tax. For the period up to 30.06.2012, the Tribunal held that railways cannot be considered a commercial concern as its passenger transportation is for public welfare without profit motive. For the period after 01.07.2012, services qualified for exemption under Entry No. 25 of Notification No. 25/2012-S.T., as they constituted "public health, sanitation conservancy and solid waste management" services rendered to a government body. The Tribunal also found no grounds for invoking extended limitation period as appellant had no intention to evade tax. The demand for Service Tax, interest, and penalties was set aside and the appeal allowed.
CESTAT ruled that cleaning services provided to Indian Railways were exempt from Service Tax. For the period up to 30.06.2012, the Tribunal held that railways cannot be considered a commercial concern as its passenger transportation is for public welfare without profit motive. For the period after 01.07.2012, services qualified for exemption under Entry No. 25 of Notification No. 25/2012-S.T., as they constituted "public health, sanitation conservancy and solid waste management" services rendered to a government body. The Tribunal also found no grounds for invoking extended limitation period as appellant had no intention to evade tax. The demand for Service Tax, interest, and penalties was set aside and the appeal allowed.
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