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 held that the handling/logistic charges levied by the petitioner are post-sale services and do not form part of the "sale price" within section 2(44) of the Assam VAT Act. Finding that the charges were rendered after transfer of property and were subject to service taxation under the Finance Act, 1994, the Court concluded that the State cannot recharacterize and tax the same under the Assam VAT Act without impermissible overlap. The HC set aside and quashed the impugned assessment orders and demand notices dated 15-12-2016/16-12-2016 for the assessment years 2011-12 to 2014-15, and allowed the petition.
The HC held that the handling/logistic charges levied by the petitioner are post-sale services and do not form part of the "sale price" within section 2(44) of the Assam VAT Act. Finding that the charges were rendered after transfer of property and were subject to service taxation under the Finance Act, 1994, the Court concluded that the State cannot recharacterize and tax the same under the Assam VAT Act without impermissible overlap. The HC set aside and quashed the impugned assessment orders and demand notices dated 15-12-2016/16-12-2016 for the assessment years 2011-12 to 2014-15, and allowed the petition.
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