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 appeal, setting aside all confirmed demands of service tax. It held that no fraud or suppression warranted invocation of the extended limitation period. The reverse charge mechanism was inapplicable as the service provider had already charged and paid service tax, rendering further demand double taxation. Reimbursements of electricity, water, and diesel charges reflected actual consumption supported by evidentiary documents, negating service tax liability. The long-term lease agreements for 999 years constituted outright transfer of property, not a lease under Section 65(105)(zzzz) of the Finance Act, thus outside taxable services. Consequently, demands for interest and penalties were quashed, including those against the Manager (Accounts), as no service tax liability or offense was established.
The CESTAT allowed the appeal, setting aside all confirmed demands of service tax. It held that no fraud or suppression warranted invocation of the extended limitation period. The reverse charge mechanism was inapplicable as the service provider had already charged and paid service tax, rendering further demand double taxation. Reimbursements of electricity, water, and diesel charges reflected actual consumption supported by evidentiary documents, negating service tax liability. The long-term lease agreements for 999 years constituted outright transfer of property, not a lease under Section 65(105)(zzzz) of the Finance Act, thus outside taxable services. Consequently, demands for interest and penalties were quashed, including those against the Manager (Accounts), as no service tax liability or offense was established.
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