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...
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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 upheld the adjudicating authority's decision to dismiss tax proceedings against the assessee concerning demurrage charges from July 2012 to September 2015. The Tribunal found that the impugned declared service under section 66E of the Finance Act, 1994, which addresses recompense for refraining from or tolerating an act, was inapplicable as demurrage charges arose as contingent liabilities linked to the transportation of goods by sea, a service exempt from tax. The declared service's taxability is confined to standalone agreements and does not extend to liabilities incidental to other services. Given the lack of clarity and subsequent clarifications restricting the scope of declared services, the balance favored the assessee. Consequently, the appeal filed by the jurisdictional Commissioner of Customs was dismissed, confirming no tax liability on the demurrage charges.
The CESTAT upheld the adjudicating authority's decision to dismiss tax proceedings against the assessee concerning demurrage charges from July 2012 to September 2015. The Tribunal found that the impugned declared service under section 66E of the Finance Act, 1994, which addresses recompense for refraining from or tolerating an act, was inapplicable as demurrage charges arose as contingent liabilities linked to the transportation of goods by sea, a service exempt from tax. The declared service's taxability is confined to standalone agreements and does not extend to liabilities incidental to other services. Given the lack of clarity and subsequent clarifications restricting the scope of declared services, the balance favored the assessee. Consequently, the appeal filed by the jurisdictional Commissioner of Customs was dismissed, confirming no tax liability on the demurrage charges.
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