Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
CESTAT allowed the appeal and set aside the impugned order insofar as it confirmed a Service Tax demand of Rs.2,05,90,153/-. The Tribunal found that the appellant acted as a "pure agent" in receiving reimbursements (stevedoring, freight, fender supply, spares, survey, launch hire, etc.) on an actual basis, as certified by the Chartered Accountant, and therefore such third-party disbursements are not includable in the assessable value under Section 67 of the Finance Act, 1994 (prior to 14.05.2015). Because the tax demand was annulled, consequential interest and penalties could not be sustained. The impugned order is therefore set aside and the appeal is allowed.
CESTAT allowed the appeal and set aside the impugned order insofar as it confirmed a Service Tax demand of Rs.2,05,90,153/-. The Tribunal found that the appellant acted as a "pure agent" in receiving reimbursements (stevedoring, freight, fender supply, spares, survey, launch hire, etc.) on an actual basis, as certified by the Chartered Accountant, and therefore such third-party disbursements are not includable in the assessable value under Section 67 of the Finance Act, 1994 (prior to 14.05.2015). Because the tax demand was annulled, consequential interest and penalties could not be sustained. The impugned order is therefore set aside and the appeal is allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
