Opportunity to furnish unsecured-loan confirmations is required before reassessment initiation; proceedings require fresh consideration after taxpayer...
Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
CESTAT held that services provided by foreign Computer Reservation System companies to the airline appellant do not constitute taxable Online Information and Database Access or Retrieval services under reverse charge mechanism. The tribunal determined that CRS companies' database was created using information from the appellant and other airlines, with the appellant merely utilizing CRS infrastructure for enhanced booking mechanisms through travel agents. The agreement's purpose was promoting bookings rather than data provision, with consideration tied to booking volumes, not data access. Since data pertaining to other airlines was not provided to appellant, and OIDAR services require supplying previously unavailable information, no taxable OIDAR service existed. Matter remanded to Division Bench for merit determination.
CESTAT held that services provided by foreign Computer Reservation System companies to the airline appellant do not constitute taxable Online Information and Database Access or Retrieval services under reverse charge mechanism. The tribunal determined that CRS companies' database was created using information from the appellant and other airlines, with the appellant merely utilizing CRS infrastructure for enhanced booking mechanisms through travel agents. The agreement's purpose was promoting bookings rather than data provision, with consideration tied to booking volumes, not data access. Since data pertaining to other airlines was not provided to appellant, and OIDAR services require supplying previously unavailable information, no taxable OIDAR service existed. Matter remanded to Division Bench for merit determination.
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