Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
CESTAT held that the appellant procured clinical trial/study analysis from foreign service providers under a Master Laboratory Agreement and, on making payment in foreign exchange, the services are taxable as Technical Testing and Analysis services under Section 65(105). The Tribunal followed prior precedent that delivery of reports is integral to the service and affirmed the tax demand for the normal limitation period with interest. However, it found that the appellant could have availed CENVAT credit and there was no mens rea to evade tax; accordingly demands raised by invoking the extended period of limitation and all penalties were set aside. Appeal allowed in part.
CESTAT held that the appellant procured clinical trial/study analysis from foreign service providers under a Master Laboratory Agreement and, on making payment in foreign exchange, the services are taxable as Technical Testing and Analysis services under Section 65(105). The Tribunal followed prior precedent that delivery of reports is integral to the service and affirmed the tax demand for the normal limitation period with interest. However, it found that the appellant could have availed CENVAT credit and there was no mens rea to evade tax; accordingly demands raised by invoking the extended period of limitation and all penalties were set aside. Appeal allowed in part.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4827 
Join Channel 
