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 held that the appellant, a clinical establishment operating under a joint venture agreement, did not render taxable business support or manpower recruitment services to its joint venture partner, thus no Service Tax was payable under these categories. The arrangement with food vendors involving revenue sharing did not constitute renting of immovable property services, and accordingly, no Service Tax demand was sustainable on this ground. Regarding works contract service, the appellant admitted a minor shortfall of Rs. 31,999 and agreed to pay the amount with interest within thirty days, foregoing further litigation. The tribunal also set aside all penalties imposed on the appellant. The appeal was disposed of accordingly, with the appellant's partial Service Tax liability on works contract service upheld and all other demands and penalties quashed.
The CESTAT held that the appellant, a clinical establishment operating under a joint venture agreement, did not render taxable business support or manpower recruitment services to its joint venture partner, thus no Service Tax was payable under these categories. The arrangement with food vendors involving revenue sharing did not constitute renting of immovable property services, and accordingly, no Service Tax demand was sustainable on this ground. Regarding works contract service, the appellant admitted a minor shortfall of Rs. 31,999 and agreed to pay the amount with interest within thirty days, foregoing further litigation. The tribunal also set aside all penalties imposed on the appellant. The appeal was disposed of accordingly, with the appellant's partial Service Tax liability on works contract service upheld and all other demands and penalties quashed.
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