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 dismissed the appeal and upheld the impugned order. The Tribunal held that commission earned for sale of cargo space does not constitute a taxable "service" and is not leviable to service tax. Amounts shown as reimbursable expenses were held to satisfy Rule 5(2) of the Service Tax Rules as payments made as a pure agent, and the related demand was rightly dropped for lack of contrary evidence. Services rendered for transportation of stores to a UN Peacekeeping mission were found to be services to the United Nations (via the Security Council) and therefore covered by exemption notifications, rendering them not liable to service tax. All contestations were dismissed and the appeal stands dismissed.
CESTAT dismissed the appeal and upheld the impugned order. The Tribunal held that commission earned for sale of cargo space does not constitute a taxable "service" and is not leviable to service tax. Amounts shown as reimbursable expenses were held to satisfy Rule 5(2) of the Service Tax Rules as payments made as a pure agent, and the related demand was rightly dropped for lack of contrary evidence. Services rendered for transportation of stores to a UN Peacekeeping mission were found to be services to the United Nations (via the Security Council) and therefore covered by exemption notifications, rendering them not liable to service tax. All contestations were dismissed and the appeal stands dismissed.
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