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 upheld taxpayer's position on multiple service tax disputes for period 2013-2016. Tribunal held mining of iron ore constituted production under Central Excise Act's negative list, exempting it from service tax liability per Sesa Goa precedent. Free diesel supply by third party could not be included in taxable service value as it was not contractual consideration between service provider and recipient. Irregular Cenvat credit availment was partially allowed where taxpayer provided adequate documentation, but denied where supporting documents were absent. Extended limitation period was rejected due to department's prior knowledge. Transportation service tax under reverse charge mechanism demand was remanded for rate recalculation. Personal penalty on individual director was set aside due to insufficient evidence of responsibility. Appeal substantially allowed except for ineligible credit claims lacking proper documentation.
CESTAT upheld taxpayer's position on multiple service tax disputes for period 2013-2016. Tribunal held mining of iron ore constituted production under Central Excise Act's negative list, exempting it from service tax liability per Sesa Goa precedent. Free diesel supply by third party could not be included in taxable service value as it was not contractual consideration between service provider and recipient. Irregular Cenvat credit availment was partially allowed where taxpayer provided adequate documentation, but denied where supporting documents were absent. Extended limitation period was rejected due to department's prior knowledge. Transportation service tax under reverse charge mechanism demand was remanded for rate recalculation. Personal penalty on individual director was set aside due to insufficient evidence of responsibility. Appeal substantially allowed except for ineligible credit claims lacking proper documentation.
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