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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The CESTAT allowed the appeal by the Appellant against the Respondent, setting aside the impugned order as devoid of merits. The Tribunal held the transactions to be principal-to-principal: freight constitutes consideration for space procured from the shipping line, and allotment of that procured space to shippers at negotiated rates is a distinct principal-to-principal transaction. Consequently, brokerage/commission received for promotion or marketing in this context does not qualify as taxable business auxiliary services but flows from independent principal transactions. The appeal is allowed and the impugned order is quashed.
The CESTAT allowed the appeal by the Appellant against the Respondent, setting aside the impugned order as devoid of merits. The Tribunal held the transactions to be principal-to-principal: freight constitutes consideration for space procured from the shipping line, and allotment of that procured space to shippers at negotiated rates is a distinct principal-to-principal transaction. Consequently, brokerage/commission received for promotion or marketing in this context does not qualify as taxable business auxiliary services but flows from independent principal transactions. The appeal is allowed and the impugned order is quashed.
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