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 service tax demands on the appellant were unsustainable across multiple categories. For business exhibition services, the tribunal found that exhibitions exclusively for members fell under the doctrine of mutuality. The intellectual property service classification failed due to absence of legally protected intellectual property under Finance Act, 1994 s.65(55b). Club or association service tax on membership and subscription fees was invalidated based on the doctrine of mutuality, following Supreme Court precedent in State of West Bengal v. Calcutta Club Ltd. Consequently, penalties under s.78 were dismissed as the underlying tax demands were unsustainable. Revenue's appeal was dismissed.
CESTAT ruled that service tax demands on the appellant were unsustainable across multiple categories. For business exhibition services, the tribunal found that exhibitions exclusively for members fell under the doctrine of mutuality. The intellectual property service classification failed due to absence of legally protected intellectual property under Finance Act, 1994 s.65(55b). Club or association service tax on membership and subscription fees was invalidated based on the doctrine of mutuality, following Supreme Court precedent in State of West Bengal v. Calcutta Club Ltd. Consequently, penalties under s.78 were dismissed as the underlying tax demands were unsustainable. Revenue's appeal was dismissed.
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