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 service tax demand against an advocate was improperly raised. The tribunal found no justification for confirming tax liability on professional fees and rental income, as both the adjudicating authority and appellate authority had previously dropped respective demands. The department failed to produce evidence for extended limitation period, and the appellant had consistently filed returns. Critically, rental income from residential property remains exempt from service tax even when rented to a business entity. The tribunal ruled the impugned order unsustainable and allowed the appeal, effectively quashing the service tax demand against the advocate.
CESTAT held that service tax demand against an advocate was improperly raised. The tribunal found no justification for confirming tax liability on professional fees and rental income, as both the adjudicating authority and appellate authority had previously dropped respective demands. The department failed to produce evidence for extended limitation period, and the appellant had consistently filed returns. Critically, rental income from residential property remains exempt from service tax even when rented to a business entity. The tribunal ruled the impugned order unsustainable and allowed the appeal, effectively quashing the service tax demand against the advocate.
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