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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CESTAT upheld the demand: the appellant's statutory liability to pay interest on delayed service tax for April 2009-January 2010 stands, as interest under the statute represents the time value of unpaid tax and accrues from the prescribed date. The Tribunal rejected contractual/equitable objections, treating the liability as statutory and demandable. The Tribunal also sustained recovery of the late fee under Section 70, holding procedural and penal consequences imposed by statute cannot be waived and the levy is justified to safeguard revenue and deterrence. Consequent to these findings, the appeal is devoid of merit and is dismissed, with the appellant liable for the tax, interest and statutory late fee.
CESTAT upheld the demand: the appellant's statutory liability to pay interest on delayed service tax for April 2009-January 2010 stands, as interest under the statute represents the time value of unpaid tax and accrues from the prescribed date. The Tribunal rejected contractual/equitable objections, treating the liability as statutory and demandable. The Tribunal also sustained recovery of the late fee under Section 70, holding procedural and penal consequences imposed by statute cannot be waived and the levy is justified to safeguard revenue and deterrence. Consequent to these findings, the appeal is devoid of merit and is dismissed, with the appellant liable for the tax, interest and statutory late fee.
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