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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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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