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 held that the appellant's lease of land for storage space does not constitute a taxable "Port Service" during the disputed period. The tribunal found no evidence of tax suppression, as the rental income was properly accounted for in the books. The service tax on immovable property rental became applicable only from 01.06.2007, and the CBIC's circular clarified non-levy of tax on such rental income. Consequently, the department's demand was set aside, and the appeal was allowed, effectively exempting the appellant from service tax for the period prior to 01.06.2007.
CESTAT held that the appellant's lease of land for storage space does not constitute a taxable "Port Service" during the disputed period. The tribunal found no evidence of tax suppression, as the rental income was properly accounted for in the books. The service tax on immovable property rental became applicable only from 01.06.2007, and the CBIC's circular clarified non-levy of tax on such rental income. Consequently, the department's demand was set aside, and the appeal was allowed, effectively exempting the appellant from service tax for the period prior to 01.06.2007.
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