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 set aside the demand for service tax on royalty charges under reverse charge, aligning with precedent that rights assigned predate payment terms. Denial of CENVAT credit on capital goods used partly for exempt services was reversed, recognizing credit eligibility where goods serve both taxable and exempt activities. However, the order was remanded regarding input service credit reversal, as the original authority failed to correctly apply proportionate reversal under Rule 6 of CCR, 2004. Service tax demands on works contract services were upheld, as the appellant failed to remit tax collected under specified work orders. Invocation of the extended limitation period was upheld due to non-cooperation and suppression of records during audit. Interest for delayed tax payment and penalties under Section 78 were confirmed. The appeal was allowed in part, with certain demands set aside and others restored or remanded for reassessment.
The CESTAT set aside the demand for service tax on royalty charges under reverse charge, aligning with precedent that rights assigned predate payment terms. Denial of CENVAT credit on capital goods used partly for exempt services was reversed, recognizing credit eligibility where goods serve both taxable and exempt activities. However, the order was remanded regarding input service credit reversal, as the original authority failed to correctly apply proportionate reversal under Rule 6 of CCR, 2004. Service tax demands on works contract services were upheld, as the appellant failed to remit tax collected under specified work orders. Invocation of the extended limitation period was upheld due to non-cooperation and suppression of records during audit. Interest for delayed tax payment and penalties under Section 78 were confirmed. The appeal was allowed in part, with certain demands set aside and others restored or remanded for reassessment.
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