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 allowed appellant's appeal against service tax demand on work contract services. Appellant performed plumbing, tiling, flooring, and finishing works on incomplete structures for main contractors serving Rajya Krishi Utpadan Mandi Parishad. Tribunal held appellant's activities constituted original works rather than mere finishing services, as appellant received building shells and completed all necessary construction activities. Additionally, CESTAT ruled work contract services qualified for exemption under Notification 25/2012-ST since RKUMP constituted governmental authority established by state legislation. Following Supreme Court precedent in Shapoorji Pallonji case recognizing educational institutions as governmental authorities, Tribunal determined exemption applied. Consequently, service tax demand was unsustainable on both grounds, penalties were unwarranted, and impugned order was set aside with appeal allowed.
CESTAT allowed appellant's appeal against service tax demand on work contract services. Appellant performed plumbing, tiling, flooring, and finishing works on incomplete structures for main contractors serving Rajya Krishi Utpadan Mandi Parishad. Tribunal held appellant's activities constituted original works rather than mere finishing services, as appellant received building shells and completed all necessary construction activities. Additionally, CESTAT ruled work contract services qualified for exemption under Notification 25/2012-ST since RKUMP constituted governmental authority established by state legislation. Following Supreme Court precedent in Shapoorji Pallonji case recognizing educational institutions as governmental authorities, Tribunal determined exemption applied. Consequently, service tax demand was unsustainable on both grounds, penalties were unwarranted, and impugned order was set aside with appeal allowed.
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