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, a study centre, was not entitled to service tax exemption under multiple notifications due to direct fee collection from students. The tribunal found no wilful suppression of facts to justify extended limitation period under section 73(1) of Finance Act. The demand for service tax during normal limitation period was confirmed, while the extended period demand was set aside. The matter was remitted to Commissioner to examine the normal period demand and potential penalties. The appeal was partially allowed, with the appellant required to pay service tax for the standard limitation timeframe.
CESTAT held that the appellant, a study centre, was not entitled to service tax exemption under multiple notifications due to direct fee collection from students. The tribunal found no wilful suppression of facts to justify extended limitation period under section 73(1) of Finance Act. The demand for service tax during normal limitation period was confirmed, while the extended period demand was set aside. The matter was remitted to Commissioner to examine the normal period demand and potential penalties. The appeal was partially allowed, with the appellant required to pay service tax for the standard limitation timeframe.
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