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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Services of facilitating Indian students' admissions to foreign universities through a foreign entity were examined to determine whether they constituted "export of services" and whether the supplier qualified as an "intermediary" under the IGST Act. Relying on bindingly persuasive precedents holding that identical facilitation services are not intermediary services and therefore qualify for export treatment, and noting that those decisions had attained finality and were implemented, the Court held the supplier was not an intermediary, making GST demand unsustainable. Consequently, the show-cause notice and the impugned order were quashed, and the matter was remitted for processing the refund with applicable interest within four weeks. - HC
Services of facilitating Indian students' admissions to foreign universities through a foreign entity were examined to determine whether they constituted "export of services" and whether the supplier qualified as an "intermediary" under the IGST Act. Relying on bindingly persuasive precedents holding that identical facilitation services are not intermediary services and therefore qualify for export treatment, and noting that those decisions had attained finality and were implemented, the Court held the supplier was not an intermediary, making GST demand unsustainable. Consequently, the show-cause notice and the impugned order were quashed, and the matter was remitted for processing the refund with applicable interest within four weeks. - HC
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