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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Whether appellants' receipts constituted taxable "service" or fell within exemptions: Tribunal found generally that, for lack of mandatory documentary proof (agreements, payment particulars, bank statements), the appellant's activities fell within taxable work-contract/service definitions under Section 65B, making them liable to service tax - outcome: liability sustained. Whether extended limitation (proviso to s.73(1)) could be invoked for a specific receipt: on the particular transaction, produced evidence and bona fide belief (certificates, corrected 26AS) established the receipt as supply of goods and/or an exempt service, so invoking the extended period was not justified - outcome: demand on that receipt not confirmed. - CESTAT
Whether appellants' receipts constituted taxable "service" or fell within exemptions: Tribunal found generally that, for lack of mandatory documentary proof (agreements, payment particulars, bank statements), the appellant's activities fell within taxable work-contract/service definitions under Section 65B, making them liable to service tax - outcome: liability sustained. Whether extended limitation (proviso to s.73(1)) could be invoked for a specific receipt: on the particular transaction, produced evidence and bona fide belief (certificates, corrected 26AS) established the receipt as supply of goods and/or an exempt service, so invoking the extended period was not justified - outcome: demand on that receipt not confirmed. - CESTAT
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