Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
The AAR held that the applicant's hotel will not qualify as a "specified premises" for FY 2025-26 because, for FY 2024-25, the per-room combined charge under the American or Continental Plan did not exceed Rs.7,500 per day; accordingly restaurant services to walk-in guests remain taxable under the ordinary rate applicable to standalone restaurant supply. The Authority further held that if in any subsequent financial year a unit of accommodation is charged at above Rs.7,500 (inclusive of food under the applicable plan, even if itemised), the premises will be treated as "specified premises" for the next financial year and restaurant services to walk-in guests will attract 9% CGST + 9% SGST.
The AAR held that the applicant's hotel will not qualify as a "specified premises" for FY 2025-26 because, for FY 2024-25, the per-room combined charge under the American or Continental Plan did not exceed Rs.7,500 per day; accordingly restaurant services to walk-in guests remain taxable under the ordinary rate applicable to standalone restaurant supply. The Authority further held that if in any subsequent financial year a unit of accommodation is charged at above Rs.7,500 (inclusive of food under the applicable plan, even if itemised), the premises will be treated as "specified premises" for the next financial year and restaurant services to walk-in guests will attract 9% CGST + 9% SGST.
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