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 CESTAT partly allowed the appeal. The Tribunal held that preferential location charges formed part of the construction service and are eligible for abatement, setting aside a demand of Rs.37,89,467. A demand of Rs.13,15,163 for service tax on commission/consultancy income was confirmed (net payable subject to adjustment against Rs.65 lakh paid during investigation), with interest and 10% penalty leviable thereon. Demands of Rs.19.65 lakh (reverse charge) and Rs.52.99 lakh (period 01-07-2010 to 31-03-2012) were set aside as revenue-neutral or time-barred; invocation of extended limitation was rejected. Penalties against the directors under Sections 78A and 77(1)(c)(3) were vacated. Appeal allowed in part.
The CESTAT partly allowed the appeal. The Tribunal held that preferential location charges formed part of the construction service and are eligible for abatement, setting aside a demand of Rs.37,89,467. A demand of Rs.13,15,163 for service tax on commission/consultancy income was confirmed (net payable subject to adjustment against Rs.65 lakh paid during investigation), with interest and 10% penalty leviable thereon. Demands of Rs.19.65 lakh (reverse charge) and Rs.52.99 lakh (period 01-07-2010 to 31-03-2012) were set aside as revenue-neutral or time-barred; invocation of extended limitation was rejected. Penalties against the directors under Sections 78A and 77(1)(c)(3) were vacated. Appeal allowed in part.
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