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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
The CESTAT allowed the appeal in part, setting aside confirmation of penalties under s.77 and s.78(1) of the Finance Act, 1994. The Tribunal found the appellant had been granted personal hearing, had filed ST-3 returns and paid the re-determined service tax (including the s.35F pre-deposit as read with s.83), and that the proceedings were based on data furnished by the appellant to the Income Tax authorities. There was no evidence of deliberate suppression, fraud or collusion warranting invocation of the extended limitation proviso. In consequence, penalty imposition was held legally untenable and the impugned order modified accordingly.
The CESTAT allowed the appeal in part, setting aside confirmation of penalties under s.77 and s.78(1) of the Finance Act, 1994. The Tribunal found the appellant had been granted personal hearing, had filed ST-3 returns and paid the re-determined service tax (including the s.35F pre-deposit as read with s.83), and that the proceedings were based on data furnished by the appellant to the Income Tax authorities. There was no evidence of deliberate suppression, fraud or collusion warranting invocation of the extended limitation proviso. In consequence, penalty imposition was held legally untenable and the impugned order modified accordingly.
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