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...
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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 allowed the appeal and set aside service tax demand against job-worker appellant engaged in pickling and oiling of HR coils for principal manufacturers during 2007-2015. Though activities constituted taxable Business Auxiliary Services under sub-clause (v), appellant was exempt under Notification 8/2005-Service Tax dated 01.03.2005 as amended, since raw materials were supplied by clients and processed goods returned to them for manufacturing excisable goods. Post-March 2012, Chapter Note 6 to Chapter 72 of CETA deemed pickling and oiling as manufacturing process attracting central excise duty, precluding service tax liability to avoid double taxation. Principal manufacturers had certified compliance with excise duty obligations. The tribunal concluded no service tax liability existed for the entire disputed period and allowed complete relief to appellant.
CESTAT allowed the appeal and set aside service tax demand against job-worker appellant engaged in pickling and oiling of HR coils for principal manufacturers during 2007-2015. Though activities constituted taxable Business Auxiliary Services under sub-clause (v), appellant was exempt under Notification 8/2005-Service Tax dated 01.03.2005 as amended, since raw materials were supplied by clients and processed goods returned to them for manufacturing excisable goods. Post-March 2012, Chapter Note 6 to Chapter 72 of CETA deemed pickling and oiling as manufacturing process attracting central excise duty, precluding service tax liability to avoid double taxation. Principal manufacturers had certified compliance with excise duty obligations. The tribunal concluded no service tax liability existed for the entire disputed period and allowed complete relief to appellant.
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