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 is not liable to pay service tax under "Mining Services" for 2008-2017, as the activities of coal extraction and crushing amount to manufacture, attracting excise duty, not service tax. The appellant's payments of excise duty and VAT confirm this classification. Regarding sponsorship services, the Tribunal remanded the issue to the adjudicating authority for detailed examination of documentary evidence to distinguish between donations and sponsorships. The appellant was found compliant with Rule 6(3)(i) of the Cenvat Credit Rules, 2004, as they maintained proper records and did not claim credit on exempted solar power services, negating the demand on this ground. Consequently, no penalty was imposed due to the absence of a sustainable demand. The appeal was disposed of accordingly.
The CESTAT held that the appellant is not liable to pay service tax under "Mining Services" for 2008-2017, as the activities of coal extraction and crushing amount to manufacture, attracting excise duty, not service tax. The appellant's payments of excise duty and VAT confirm this classification. Regarding sponsorship services, the Tribunal remanded the issue to the adjudicating authority for detailed examination of documentary evidence to distinguish between donations and sponsorships. The appellant was found compliant with Rule 6(3)(i) of the Cenvat Credit Rules, 2004, as they maintained proper records and did not claim credit on exempted solar power services, negating the demand on this ground. Consequently, no penalty was imposed due to the absence of a sustainable demand. The appeal was disposed of accordingly.
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