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...
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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 allowed taxpayer's appeal, setting aside multiple service tax demands totaling approximately Rs. 1.24 crore. The Tribunal found no substantive evidence to support Revenue's allegations of clandestine service tax evasion. Key holdings included: (1) preferential location charges were part of integrated construction service, not separate taxable service; (2) club construction costs were pre-development expenses, not membership fees; (3) taxpayer's tax payments precluded additional demands under Point of Taxation Rules; (4) Revenue failed to establish burden of proving taxability through credible documentary evidence. The Tribunal emphasized procedural fairness and rejected unsubstantiated revenue claims, effectively vindicating the taxpayer's tax compliance.
CESTAT allowed taxpayer's appeal, setting aside multiple service tax demands totaling approximately Rs. 1.24 crore. The Tribunal found no substantive evidence to support Revenue's allegations of clandestine service tax evasion. Key holdings included: (1) preferential location charges were part of integrated construction service, not separate taxable service; (2) club construction costs were pre-development expenses, not membership fees; (3) taxpayer's tax payments precluded additional demands under Point of Taxation Rules; (4) Revenue failed to establish burden of proving taxability through credible documentary evidence. The Tribunal emphasized procedural fairness and rejected unsubstantiated revenue claims, effectively vindicating the taxpayer's tax compliance.
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