Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
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...
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The CESTAT upheld the imposition of service tax on the appellants for providing Business Support Services to the respondent, rejecting their characterization of the transactions as transfer of developmental rights in immovable property, which fall outside service tax ambit. The tribunal found that the appellants intentionally concealed the true nature of the transactions to evade tax, justifying invocation of the extended limitation period. The arrangement was correctly treated as taxable business support services rather than a sale of transferable development rights. Consequently, the demand for service tax was confirmed, and the appeal was dismissed for lack of merit.
The CESTAT upheld the imposition of service tax on the appellants for providing Business Support Services to the respondent, rejecting their characterization of the transactions as transfer of developmental rights in immovable property, which fall outside service tax ambit. The tribunal found that the appellants intentionally concealed the true nature of the transactions to evade tax, justifying invocation of the extended limitation period. The arrangement was correctly treated as taxable business support services rather than a sale of transferable development rights. Consequently, the demand for service tax was confirmed, and the appeal was dismissed for lack of merit.
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