Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
Variable licence fee paid to the telecom regulator under the 1999 policy was held to be capital expenditure because it is consideration for acquiring/retaining the licence, and must be amortized under s.35ABB; the appellate relief treating it as revenue was reversed to that extent and the revenue's ground was partly allowed. Spectrum usage charges were distinguished as not covered by the SC ruling and, consistent with the assessment approach in another year, were treated as revenue expenditure deductible under s.37(1); the revenue's challenge on this aspect was dismissed. Subscriber verification penalty for KYC violations was held not hit by Explanation 1 to s.37(1) and remained allowable. Discounts on prepaid instruments were held outside s.194H, so disallowance under s.40(a)(ia) was deleted, with consequential direction to recompute s.80-IA deduction. - ITAT
Variable licence fee paid to the telecom regulator under the 1999 policy was held to be capital expenditure because it is consideration for acquiring/retaining the licence, and must be amortized under s.35ABB; the appellate relief treating it as revenue was reversed to that extent and the revenue's ground was partly allowed. Spectrum usage charges were distinguished as not covered by the SC ruling and, consistent with the assessment approach in another year, were treated as revenue expenditure deductible under s.37(1); the revenue's challenge on this aspect was dismissed. Subscriber verification penalty for KYC violations was held not hit by Explanation 1 to s.37(1) and remained allowable. Discounts on prepaid instruments were held outside s.194H, so disallowance under s.40(a)(ia) was deleted, with consequential direction to recompute s.80-IA deduction. - ITAT
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