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 in favor of the appellant, setting aside the service tax demand of Rs 5,94,38,654/- after finding no discrepancy between Balance Sheet and ST-3 returns once adjustments for sale of goods (Rs 13,35,68,175/-) and services under negative list (Rs 30,42,96,081/-) were made. The Tribunal also overturned the denial of CENVAT credit of Rs 97,36,884/-, recognizing that leasing space for billboards constituted legitimate input services for providing advertisement services. The court determined the composite contract properly separated advertisement services from goods sold, with appropriate service tax and VAT applied to respective components, consistent with Imagic Creative precedent. Late fees were invalidated due to reasonable delay caused by delayed collection of dues. The appeal was allowed with consequential reliefs.
CESTAT ruled in favor of the appellant, setting aside the service tax demand of Rs 5,94,38,654/- after finding no discrepancy between Balance Sheet and ST-3 returns once adjustments for sale of goods (Rs 13,35,68,175/-) and services under negative list (Rs 30,42,96,081/-) were made. The Tribunal also overturned the denial of CENVAT credit of Rs 97,36,884/-, recognizing that leasing space for billboards constituted legitimate input services for providing advertisement services. The court determined the composite contract properly separated advertisement services from goods sold, with appropriate service tax and VAT applied to respective components, consistent with Imagic Creative precedent. Late fees were invalidated due to reasonable delay caused by delayed collection of dues. The appeal was allowed with consequential reliefs.
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