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 allowed the appeal filed by the state sports authority and set aside the Commissioner's order confirming service tax, interest and penalties under Sections 77 and 78 of the Finance Act, 1994. It held that reservation charges for use of the sports stadium/sports complex could not be classified as "mandap keeper" service, as sporting activities and sports events do not constitute "official, business or social functions." Following precedent, it further held that lease of vacant land appurtenant to the stadium for parking, landscaping and related purposes was not taxable as "renting of immovable property" service. Consequently, the entire service tax demand and consequential penalties were quashed.
CESTAT allowed the appeal filed by the state sports authority and set aside the Commissioner's order confirming service tax, interest and penalties under Sections 77 and 78 of the Finance Act, 1994. It held that reservation charges for use of the sports stadium/sports complex could not be classified as "mandap keeper" service, as sporting activities and sports events do not constitute "official, business or social functions." Following precedent, it further held that lease of vacant land appurtenant to the stadium for parking, landscaping and related purposes was not taxable as "renting of immovable property" service. Consequently, the entire service tax demand and consequential penalties were quashed.
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