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 demand of service tax on 'Other Expenses' and 'Extra Hour Service Charges' for 2009-10 to 2012-13 was set aside, as incidental reimbursements are excluded from taxable value under Rule 5 of the Service Tax (Determination of Value) Rules, 2006, consistent with the Supreme Court's ruling that such reimbursements are taxable only post-May 14, 2015. Interest on delayed service tax payment for renting of immovable property services was also quashed due to bona fide dispute and judicial pronouncements negating levy during the relevant period. However, interest on delayed payment for Maintenance or Repair Services was upheld due to non-submission by the appellant. The extended limitation period was not invoked owing to absence of fraud or suppression, leading to cancellation of penalties imposed for suppression. The penalty under Section 77 for failure to register for Renting of Immovable Property Services was sustained. The appeal was accordingly disposed of.
The demand of service tax on 'Other Expenses' and 'Extra Hour Service Charges' for 2009-10 to 2012-13 was set aside, as incidental reimbursements are excluded from taxable value under Rule 5 of the Service Tax (Determination of Value) Rules, 2006, consistent with the Supreme Court's ruling that such reimbursements are taxable only post-May 14, 2015. Interest on delayed service tax payment for renting of immovable property services was also quashed due to bona fide dispute and judicial pronouncements negating levy during the relevant period. However, interest on delayed payment for Maintenance or Repair Services was upheld due to non-submission by the appellant. The extended limitation period was not invoked owing to absence of fraud or suppression, leading to cancellation of penalties imposed for suppression. The penalty under Section 77 for failure to register for Renting of Immovable Property Services was sustained. The appeal was accordingly disposed of.
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