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 adjudicated a service tax dispute involving an intermediary's export of services. The tribunal found the show cause notice (SCN) issued on 29.06.2020 was time-barred for the period from October 2014 to June 2017. Since the appellant regularly filed ST-3 returns declaring export service amounts and the department was aware of these declarations, the 30-month limitation period had expired. The tribunal held the entire demand was unsustainable and barred by limitation, thereby allowing the appeal without examining the substantive merits of the case. The key principle established was that when an assessee transparently declares service details in statutory returns, subsequent time-barred demands cannot be sustained.
CESTAT adjudicated a service tax dispute involving an intermediary's export of services. The tribunal found the show cause notice (SCN) issued on 29.06.2020 was time-barred for the period from October 2014 to June 2017. Since the appellant regularly filed ST-3 returns declaring export service amounts and the department was aware of these declarations, the 30-month limitation period had expired. The tribunal held the entire demand was unsustainable and barred by limitation, thereby allowing the appeal without examining the substantive merits of the case. The key principle established was that when an assessee transparently declares service details in statutory returns, subsequent time-barred demands cannot be sustained.
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