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 HC upheld the validity of the seventh proviso inserted by Maharashtra Act XLII of 2014 in Section 2(b) of the Maharashtra Entertainments Duty Act, affirming the State's legislative competence under Entry 62, List II of the Seventh Schedule. The Court held that convenience fees charged on online ticket booking constitute part of the "payment of admission" for entertainment and are thus subject to entertainment duty, distinct from the service tax levied by the Union on the service of online booking. The inclusion of convenience fees in the tax base does not amount to encroachment on the Union List, as the State taxes the entertainment itself, not the booking service. Allegations of violation of Articles 14 and 19 were rejected. Consequently, the impugned proviso was declared intra vires, and the petition seeking quashing of related Circulars was dismissed.
The HC upheld the validity of the seventh proviso inserted by Maharashtra Act XLII of 2014 in Section 2(b) of the Maharashtra Entertainments Duty Act, affirming the State's legislative competence under Entry 62, List II of the Seventh Schedule. The Court held that convenience fees charged on online ticket booking constitute part of the "payment of admission" for entertainment and are thus subject to entertainment duty, distinct from the service tax levied by the Union on the service of online booking. The inclusion of convenience fees in the tax base does not amount to encroachment on the Union List, as the State taxes the entertainment itself, not the booking service. Allegations of violation of Articles 14 and 19 were rejected. Consequently, the impugned proviso was declared intra vires, and the petition seeking quashing of related Circulars was dismissed.
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