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 Indian banks acting as recipients of services for foreign bank charges in export transactions are not liable to pay service tax under the Reverse Charge Mechanism. The Tribunal relied on prior coordinate bench decisions establishing that Indian banks do not receive taxable services from foreign correspondent or intermediary banks in such transactions. Consequently, the demands for service tax, along with interest and penalties, imposed on the appellant were found to be unsustainable in law. The impugned order was set aside, and the appeal was allowed, absolving the appellant from the liability to pay service tax on foreign bank charges related to export remittances.
The CESTAT held that Indian banks acting as recipients of services for foreign bank charges in export transactions are not liable to pay service tax under the Reverse Charge Mechanism. The Tribunal relied on prior coordinate bench decisions establishing that Indian banks do not receive taxable services from foreign correspondent or intermediary banks in such transactions. Consequently, the demands for service tax, along with interest and penalties, imposed on the appellant were found to be unsustainable in law. The impugned order was set aside, and the appeal was allowed, absolving the appellant from the liability to pay service tax on foreign bank charges related to export remittances.
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