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 the demand for service tax of Rs.4.67 crores on mining activities, holding such activities fall under the negative list and are not liable to service tax. The Tribunal also rejected the demand for recovery of irregularly availed Cenvat credit of over Rs.10.20 crores, noting that the invoices relied upon were invalid documents under the CCR, 2004, and that the appellant's director admitted non-payment of service tax by the sub-contractor. However, the extended period of limitation for credit denial was held unjustified, as no fraud or willful suppression was established, and the department relied solely on appellant-produced documents without independent investigation. Consequently, the penalty under section 78 was also set aside. The entire demand, both on merit and limitation grounds, was quashed, resulting in the appeal's allowance.
The CESTAT allowed the appeal, setting aside the demand for service tax of Rs.4.67 crores on mining activities, holding such activities fall under the negative list and are not liable to service tax. The Tribunal also rejected the demand for recovery of irregularly availed Cenvat credit of over Rs.10.20 crores, noting that the invoices relied upon were invalid documents under the CCR, 2004, and that the appellant's director admitted non-payment of service tax by the sub-contractor. However, the extended period of limitation for credit denial was held unjustified, as no fraud or willful suppression was established, and the department relied solely on appellant-produced documents without independent investigation. Consequently, the penalty under section 78 was also set aside. The entire demand, both on merit and limitation grounds, was quashed, resulting in the appeal's allowance.
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