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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HC determined that a university's primary educational mission precludes its ancillary activities from being classified as a business for tax purposes. The court ruled that providing canteen facilities to students does not constitute a commercial enterprise, and therefore the university is not liable for VAT on such incidental transactions. The burden of proving a independent business intention rests with the tax department, which failed to establish such intent. Consequently, the tax demand was deemed invalid, and the petition was allowed, setting aside the tribunal's previous assessment order.
HC determined that a university's primary educational mission precludes its ancillary activities from being classified as a business for tax purposes. The court ruled that providing canteen facilities to students does not constitute a commercial enterprise, and therefore the university is not liable for VAT on such incidental transactions. The burden of proving a independent business intention rests with the tax department, which failed to establish such intent. Consequently, the tax demand was deemed invalid, and the petition was allowed, setting aside the tribunal's previous assessment order.
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