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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The Appellant's appeals are allowed and the impugned order is set aside. CESTAT holds that the licence agreements between the State-owned entity's catering arm and third-party licensees constituted contracts to set up and operate food plazas-commercial operational arrangements governed by substance-over-form-rather than "renting of immovable property" services under the applicable levy provisions. The Tribunal finds the transactions to be revenue-sharing business arrangements for provision of public utility catering, not taxable service supplies; the amounts charged do not constitute the requisite quid pro quo for a taxable service. Consequently, the service tax demand (and related limitation plea) is unsustainable and is annulled.
The Appellant's appeals are allowed and the impugned order is set aside. CESTAT holds that the licence agreements between the State-owned entity's catering arm and third-party licensees constituted contracts to set up and operate food plazas-commercial operational arrangements governed by substance-over-form-rather than "renting of immovable property" services under the applicable levy provisions. The Tribunal finds the transactions to be revenue-sharing business arrangements for provision of public utility catering, not taxable service supplies; the amounts charged do not constitute the requisite quid pro quo for a taxable service. Consequently, the service tax demand (and related limitation plea) is unsustainable and is annulled.
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