Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
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...
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ITAT held that the assessee, a travel agent using Computerized Reservation System (CRS) for booking air tickets, is not an e-commerce operator under Section 194O. The Tribunal determined that the assessee merely had access to the Galileo system owned by Interglobe Technology Quotient Pvt. Ltd. (ITQPL) for obtaining travel information and making bookings, without any ownership rights or operational control over the platform. The subscriber agreement explicitly restricted the assessee from modifying the software and confirmed ITQPL's ownership. Consequently, the assessee was not liable to deduct TDS under Section 194O and cannot be considered "an assessee in default." Revenue's appeal dismissed.
ITAT held that the assessee, a travel agent using Computerized Reservation System (CRS) for booking air tickets, is not an e-commerce operator under Section 194O. The Tribunal determined that the assessee merely had access to the Galileo system owned by Interglobe Technology Quotient Pvt. Ltd. (ITQPL) for obtaining travel information and making bookings, without any ownership rights or operational control over the platform. The subscriber agreement explicitly restricted the assessee from modifying the software and confirmed ITQPL's ownership. Consequently, the assessee was not liable to deduct TDS under Section 194O and cannot be considered "an assessee in default." Revenue's appeal dismissed.
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