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 appellant's services cannot be classified as "intermediary services" subject to demand from October 2014. The appellant merely facilitated sales between foreign sellers and Indian buyers, receiving commission from overseas customers in foreign exchange. The Tribunal held that an intermediary must mediate between a principal service provider and beneficiary, which was not applicable here. Following precedent in Textron India Private Limited, CESTAT determined the appellant provided export services rather than intermediary services. The appellant's role as a business facilitator receiving foreign commission for facilitating international sales qualified as export of services. The impugned order was set aside and the appeal allowed.
CESTAT ruled that appellant's services cannot be classified as "intermediary services" subject to demand from October 2014. The appellant merely facilitated sales between foreign sellers and Indian buyers, receiving commission from overseas customers in foreign exchange. The Tribunal held that an intermediary must mediate between a principal service provider and beneficiary, which was not applicable here. Following precedent in Textron India Private Limited, CESTAT determined the appellant provided export services rather than intermediary services. The appellant's role as a business facilitator receiving foreign commission for facilitating international sales qualified as export of services. The impugned order was set aside and the appeal allowed.
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