Request-driven road restoration attracts reverse-charge GST, not governmental-function treatment or compensatory-damages status for business recipient...
Road restoration charges for commercial pipeline works are taxable Government services, with reverse charge liability and no public-function exemption...
Model-wise import cap monitoring cannot justify withholding used multifunction machines where all-India tracking is absent and full security is furnis...
The ITAT upheld the CIT(A)'s order deleting the transfer pricing adjustment made by the TPO on management fees paid by the assessee to its AE, rejecting the TPO's arbitrary adoption of the "other method" under Rule 10AB without adducing any comparable uncontrolled transactions. The Tribunal found that the TPO failed to comply with procedural mandates requiring substantiation of the ALP determination, and merely negated the assessee's application of TNMM without evidentiary support. The assessee convincingly demonstrated receipt and benefit of the intra-group services through comprehensive documentary evidence. The Tribunal also rejected the Revenue's contention regarding non-receipt of services and the characterization of the services as routine shareholder activities, emphasizing that such assessments require objective economic and functional analysis. The absence of subsequent year adjustments and proper tax compliance further supported the assessee's position. Consequently, the Revenue's appeal was dismissed.
The ITAT upheld the CIT(A)'s order deleting the transfer pricing adjustment made by the TPO on management fees paid by the assessee to its AE, rejecting the TPO's arbitrary adoption of the "other method" under Rule 10AB without adducing any comparable uncontrolled transactions. The Tribunal found that the TPO failed to comply with procedural mandates requiring substantiation of the ALP determination, and merely negated the assessee's application of TNMM without evidentiary support. The assessee convincingly demonstrated receipt and benefit of the intra-group services through comprehensive documentary evidence. The Tribunal also rejected the Revenue's contention regarding non-receipt of services and the characterization of the services as routine shareholder activities, emphasizing that such assessments require objective economic and functional analysis. The absence of subsequent year adjustments and proper tax compliance further supported the assessee's position. Consequently, the Revenue's appeal was dismissed.
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TaxTMI 
TaxTMI 
of 4916 
