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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The CESTAT allowed the appellant's appeal, affirming eligibility for CENVAT credit on tower-related services and materials amounting to Rs.88,86,165, relying on precedent favoring credit on such inputs. Credit disallowance on post-sale commission payments to agents and service desk payments totaling Rs.85,44,785 was set aside, following established case law recognizing these as input services. Credit on outdoor catering for business promotion (Rs.7,16,762) and police booth maintenance for advertisement (Rs.1,35,656) was also allowed under the inclusive definition of input services. Credits on healthcare and employee relocation insurance were not contested or reversed by the appellant. Credit on value-added services and related service tax payments totaling Rs.3,69,381 was upheld. The Tribunal rejected invocation of extended limitation, citing complex, contradictory precedents, thus allowing the appeal on both merits and limitation grounds.
The CESTAT allowed the appellant's appeal, affirming eligibility for CENVAT credit on tower-related services and materials amounting to Rs.88,86,165, relying on precedent favoring credit on such inputs. Credit disallowance on post-sale commission payments to agents and service desk payments totaling Rs.85,44,785 was set aside, following established case law recognizing these as input services. Credit on outdoor catering for business promotion (Rs.7,16,762) and police booth maintenance for advertisement (Rs.1,35,656) was also allowed under the inclusive definition of input services. Credits on healthcare and employee relocation insurance were not contested or reversed by the appellant. Credit on value-added services and related service tax payments totaling Rs.3,69,381 was upheld. The Tribunal rejected invocation of extended limitation, citing complex, contradictory precedents, thus allowing the appeal on both merits and limitation grounds.
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