Authority rules B+G+31 service apartment is commercial building construction, not multi-storey residential for tax classification under RERA definitio...
Resale price method upheld for distribution; assessee's margins accepted and certain transfer-pricing adjustments deleted due to documented reimbursem...
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CESTAT: The tribunal remanded assessment of MMR (immovable property) service receipts for re-computation of service-tax demand, noting late registration and partial tax/interest paid by the appellant; classification as MMR sustained. Commission receivable from banks for procuring clients was upheld as taxable Business Auxiliary Services (BAS) and chargeable on the gross commission. The tribunal affirmed invocation of extended limitation and imposition of penalties where suppression/misstatement was found. Conversely, in related appeals the tribunal held reimbursed electricity charges not includible in MMR taxable value, set aside corresponding demands, and consequently extinguished associated interest and penalties. Appeals were disposed with outcomes applied case-by-case.
CESTAT: The tribunal remanded assessment of MMR (immovable property) service receipts for re-computation of service-tax demand, noting late registration and partial tax/interest paid by the appellant; classification as MMR sustained. Commission receivable from banks for procuring clients was upheld as taxable Business Auxiliary Services (BAS) and chargeable on the gross commission. The tribunal affirmed invocation of extended limitation and imposition of penalties where suppression/misstatement was found. Conversely, in related appeals the tribunal held reimbursed electricity charges not includible in MMR taxable value, set aside corresponding demands, and consequently extinguished associated interest and penalties. Appeals were disposed with outcomes applied case-by-case.
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