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 Maize oil and Maize cake, though produced incidentally during starch manufacture, possess independent commercial identity and constitute by-products of starch rather than by-products of the cereal; consequently they do not fall within the general exemption for by-products of cereals under Entry 91(ii) of Schedule I. As specific taxable entries exist for vegetable and edible oils, the applicant is not entitled to exemption and the goods are taxable under the applicable provisions of the M.P. Commercial Tax Act, 1994 and therefore not exempt from central sales tax under Section 8(2A) of the CST Act. All tax references were answered and disposed of.
The HC held that Maize oil and Maize cake, though produced incidentally during starch manufacture, possess independent commercial identity and constitute by-products of starch rather than by-products of the cereal; consequently they do not fall within the general exemption for by-products of cereals under Entry 91(ii) of Schedule I. As specific taxable entries exist for vegetable and edible oils, the applicant is not entitled to exemption and the goods are taxable under the applicable provisions of the M.P. Commercial Tax Act, 1994 and therefore not exempt from central sales tax under Section 8(2A) of the CST Act. All tax references were answered and disposed of.
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