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 held that the show-cause notice issued by the JC, CGST, Daman was valid because the registered office formed part of the factory's common business activity and its expenses were not separately accounted; any service-tax liability for that office would be payable by the factory. However, on merits the Tribunal concluded that the transfer/assignment of tenancy and occupancy rights in respect of the immovable property in Mumbai does not fall within the definition of "service" under Section 65B(44) of the Finance Act, 1994, and amounts received for such transfer are not liable to service tax. The appeal is allowed and the impugned order is set aside; extended limitation not adjudicated.
CESTAT held that the show-cause notice issued by the JC, CGST, Daman was valid because the registered office formed part of the factory's common business activity and its expenses were not separately accounted; any service-tax liability for that office would be payable by the factory. However, on merits the Tribunal concluded that the transfer/assignment of tenancy and occupancy rights in respect of the immovable property in Mumbai does not fall within the definition of "service" under Section 65B(44) of the Finance Act, 1994, and amounts received for such transfer are not liable to service tax. The appeal is allowed and the impugned order is set aside; extended limitation not adjudicated.
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