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 allowed the appeal: amounts collected as "lease money" were held not to be consideration for renting immovable property but merely mandated collections remitted to the State, therefore no service and no taxable consideration - demands on that count quashed; payments to an individual engaged by the appellant were characterised as salary/wages, not manpower supply agency services, so that demand was set aside; invocation of the extended period of limitation for irregular CENVAT credit was rejected because routine self-assessment and audit detection do not satisfy the statutory requisites for extension; consequential penalties under sections 77 and 78 (Appellant 1) and section 78 (Appellant 2) were set aside. Appeal disposed.
CESTAT allowed the appeal: amounts collected as "lease money" were held not to be consideration for renting immovable property but merely mandated collections remitted to the State, therefore no service and no taxable consideration - demands on that count quashed; payments to an individual engaged by the appellant were characterised as salary/wages, not manpower supply agency services, so that demand was set aside; invocation of the extended period of limitation for irregular CENVAT credit was rejected because routine self-assessment and audit detection do not satisfy the statutory requisites for extension; consequential penalties under sections 77 and 78 (Appellant 1) and section 78 (Appellant 2) were set aside. Appeal disposed.
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