Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
CESTAT adjudicated a service tax dispute involving reimbursable expenses and business auxiliary services. The tribunal ruled in favor of the appellant, finding no valid basis for service tax levy on reimbursable expenses, consistent with SC precedent. The department's attempt to demand tax based on profit and loss account entries without demonstrating actual service consideration was rejected. Additionally, the tribunal found no evidence of intentional tax evasion, thereby invalidating extended limitation period and penalties. The appeal was allowed, effectively quashing the original tax demands and establishing that mere accounting entries cannot constitute taxable service under the Finance Act, 1994.
CESTAT adjudicated a service tax dispute involving reimbursable expenses and business auxiliary services. The tribunal ruled in favor of the appellant, finding no valid basis for service tax levy on reimbursable expenses, consistent with SC precedent. The department's attempt to demand tax based on profit and loss account entries without demonstrating actual service consideration was rejected. Additionally, the tribunal found no evidence of intentional tax evasion, thereby invalidating extended limitation period and penalties. The appeal was allowed, effectively quashing the original tax demands and establishing that mere accounting entries cannot constitute taxable service under the Finance Act, 1994.
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