Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
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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