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 held that the appellant's earmarked area displaying historical/vintage cars in its hotel qualifies as a "museum" for purposes of service tax exemption. The Tribunal rejected the Department's reliance on the ICOM definition and held that charging an entry fee for visitors to view vintage cars constitutes consideration for "admission to a museum" covered under Serial No. 45 of the relevant exemption notification. The fact that the cars were in working condition and occasionally hired for films did not alter the character of the display area as a museum. Service tax demand on entry fees was set aside and the appeal allowed.
CESTAT held that the appellant's earmarked area displaying historical/vintage cars in its hotel qualifies as a "museum" for purposes of service tax exemption. The Tribunal rejected the Department's reliance on the ICOM definition and held that charging an entry fee for visitors to view vintage cars constitutes consideration for "admission to a museum" covered under Serial No. 45 of the relevant exemption notification. The fact that the cars were in working condition and occasionally hired for films did not alter the character of the display area as a museum. Service tax demand on entry fees was set aside and the appeal allowed.
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