Tax deduction compliance and payee income recognition govern consultancy disallowance, while no exempt income prevents related expenditure disallowanc...
Derivative abetment liability fails when correctly declared imported components establish no underlying improper importation by the principal importer...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return filing...
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CESTAT partially allowed the appeal. It held that VOSTRO-related commissions constituted export of services where payment was received in convertible foreign exchange and recipients lacked an Indian business establishment; demands for service tax on VOSTRO transactions for 01.04.2012-30.06.2012 and for the post-negative list period (through 31.03.2013) were set aside. Conversely, charges paid to SWIFT were held to be import of services falling within "banking and other financial services," and the service-tax demand in respect of SWIFT charges was sustained. Penalties relating to SWIFT were remitted under Section 80 of the Finance Act, 1994, on the ground of reasonable cause.
CESTAT partially allowed the appeal. It held that VOSTRO-related commissions constituted export of services where payment was received in convertible foreign exchange and recipients lacked an Indian business establishment; demands for service tax on VOSTRO transactions for 01.04.2012-30.06.2012 and for the post-negative list period (through 31.03.2013) were set aside. Conversely, charges paid to SWIFT were held to be import of services falling within "banking and other financial services," and the service-tax demand in respect of SWIFT charges was sustained. Penalties relating to SWIFT were remitted under Section 80 of the Finance Act, 1994, on the ground of reasonable cause.
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