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 CESTAT allowed the appeal, holding that training provided by the appellant in Aircraft Maintenance Engineering is exempt from service tax. The Tribunal followed precedents established by the Delhi HC in Indian Institute of Aircraft Engineering, CESTAT decisions in Hindustan Institute of Aeronautics and Star Aviation Academy, and the Allahabad HC in Garg Aviations Ltd. The certificates issued by the appellant qualify as "certificates issued in accordance to law," falling under the exception clause for commercial and educational training. Additionally, the Tribunal recognized that under the doctrine of mutuality, services provided by a club to its members are exempt from service tax as there is no taxable transaction between the club and its members.
The CESTAT allowed the appeal, holding that training provided by the appellant in Aircraft Maintenance Engineering is exempt from service tax. The Tribunal followed precedents established by the Delhi HC in Indian Institute of Aircraft Engineering, CESTAT decisions in Hindustan Institute of Aeronautics and Star Aviation Academy, and the Allahabad HC in Garg Aviations Ltd. The certificates issued by the appellant qualify as "certificates issued in accordance to law," falling under the exception clause for commercial and educational training. Additionally, the Tribunal recognized that under the doctrine of mutuality, services provided by a club to its members are exempt from service tax as there is no taxable transaction between the club and its members.
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