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 affirmed that a subcontractor remains independently liable to discharge service tax on services rendered to a main contractor, notwithstanding any tax paid by the main contractor on the aggregate value. The Tribunal held the appellant's commission for mobilizing insurance policy clients constituted Business Auxiliary Services, attracting separate tax liability. The Tribunal noted the insurance agent's tax obligation had been discharged by the insurer under reverse charge, and the impugned demand did not duplicate tax on the identical transaction or under the same taxable category. Consequently the appellant's contention of double taxation was rejected and the appeal was dismissed.
CESTAT affirmed that a subcontractor remains independently liable to discharge service tax on services rendered to a main contractor, notwithstanding any tax paid by the main contractor on the aggregate value. The Tribunal held the appellant's commission for mobilizing insurance policy clients constituted Business Auxiliary Services, attracting separate tax liability. The Tribunal noted the insurance agent's tax obligation had been discharged by the insurer under reverse charge, and the impugned demand did not duplicate tax on the identical transaction or under the same taxable category. Consequently the appellant's contention of double taxation was rejected and the appeal was dismissed.
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