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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Charges collected as pro-rata and development charges for network development integral to electricity transmission were held covered by the statutory exemption for transmission of electricity as clarified by CBIC notifications/circulars; no service tax was payable on these amounts. Erection charges recovered from consumers for shifting overhead cables/wires were also treated as exempt under CBIC Circular No. 123/5/2010-TRU; no service tax was payable on these receipts. For material cost and contingency charges, the computation required verification of requisite data; the matter was remanded for re-computation of any liability on these heads. The extended limitation period was held inapplicable as the department was aware of the facts from similar notices to other units; demand beyond the normal period was unsustainable. - CESTAT
Charges collected as pro-rata and development charges for network development integral to electricity transmission were held covered by the statutory exemption for transmission of electricity as clarified by CBIC notifications/circulars; no service tax was payable on these amounts. Erection charges recovered from consumers for shifting overhead cables/wires were also treated as exempt under CBIC Circular No. 123/5/2010-TRU; no service tax was payable on these receipts. For material cost and contingency charges, the computation required verification of requisite data; the matter was remanded for re-computation of any liability on these heads. The extended limitation period was held inapplicable as the department was aware of the facts from similar notices to other units; demand beyond the normal period was unsustainable. - CESTAT
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