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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The dominant issue was whether works contract services for a public water supply scheme (pipeline laying and allied works) provided to a government authority were exempt under specified notifications/entries, including Sl. No. 12 of Notification No. 25/2012-ST. The tribunal held exemption applies only if the activities strictly fall within the notification; on examining the nature of work, the claimed exemption was denied and the corresponding service tax demand sustained, while the demand relating to exempt water-treatment/sewerage-related works (including certain underground reservoir/ranney well works) was correctly dropped. On limitation, extended period was upheld because prior conduct under VCES negated bona fide belief, sustaining the demand. Penalties under s.77 and interest under s.75 were upheld for statutory contraventions and delayed payment, and the appeal was dismissed. - CESTAT
The dominant issue was whether works contract services for a public water supply scheme (pipeline laying and allied works) provided to a government authority were exempt under specified notifications/entries, including Sl. No. 12 of Notification No. 25/2012-ST. The tribunal held exemption applies only if the activities strictly fall within the notification; on examining the nature of work, the claimed exemption was denied and the corresponding service tax demand sustained, while the demand relating to exempt water-treatment/sewerage-related works (including certain underground reservoir/ranney well works) was correctly dropped. On limitation, extended period was upheld because prior conduct under VCES negated bona fide belief, sustaining the demand. Penalties under s.77 and interest under s.75 were upheld for statutory contraventions and delayed payment, and the appeal was dismissed. - CESTAT
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