Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
CESTAT partly allowed the appeal filed by M/s X against service tax demands under reverse charge. It held that foreign exchange payments towards membership renewals and participation in international forums (IPG/IPFN) and participation fees paid to an overseas body for the "Sword of Honour" contest, performed and consumed abroad, were not taxable services; demands on these components, both pre- and post-01.07.2012 (for IPG/IPFN), were set aside. However, payments to a foreign inspection agency for pre-shipment inspection and certification were held to be taxable as "technical inspection and certification service" on a reverse charge basis; demand and interest were confirmed. Extended period of limitation and penalty under s.78 were upheld in principle, but monetary penalty was fully waived under s.80, Finance Act, 1994.
CESTAT partly allowed the appeal filed by M/s X against service tax demands under reverse charge. It held that foreign exchange payments towards membership renewals and participation in international forums (IPG/IPFN) and participation fees paid to an overseas body for the "Sword of Honour" contest, performed and consumed abroad, were not taxable services; demands on these components, both pre- and post-01.07.2012 (for IPG/IPFN), were set aside. However, payments to a foreign inspection agency for pre-shipment inspection and certification were held to be taxable as "technical inspection and certification service" on a reverse charge basis; demand and interest were confirmed. Extended period of limitation and penalty under s.78 were upheld in principle, but monetary penalty was fully waived under s.80, Finance Act, 1994.
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