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 held that services procured abroad relating to GDR/FCCB issuance constitute "banking and other financial services" and, being received by a recipient located in India for business, were taxable under the reverse charge mechanism; the appellant's contention of non-receipt of services was rejected. The Tribunal also upheld service taxability of receipts for sale of television time as "sale of space or time for advertisement," confirming the impugned demand. However, CESTAT concluded the extended period of limitation could not be invoked, found no suppression, and held the demands barred by the statutory limitation; consequently the tax demands were set aside on limitation grounds and the appeal allowed.
CESTAT held that services procured abroad relating to GDR/FCCB issuance constitute "banking and other financial services" and, being received by a recipient located in India for business, were taxable under the reverse charge mechanism; the appellant's contention of non-receipt of services was rejected. The Tribunal also upheld service taxability of receipts for sale of television time as "sale of space or time for advertisement," confirming the impugned demand. However, CESTAT concluded the extended period of limitation could not be invoked, found no suppression, and held the demands barred by the statutory limitation; consequently the tax demands were set aside on limitation grounds and the appeal allowed.
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