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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Levy of service tax on cash calls in joint ventures for oil and gas exploration is addressed by characterising inter-participant cash calls as expense-sharing contributions/investments rather than consideration for taxable service. The analysis treats Public-Private Partnership arrangements as joint ventures operating on a revenue-sharing model, distinguishes the appointed operators expenditure role from non-operators contributions, and treats exploration and development costs as contingent investments (sunk if no discovery). Consequently, cash calls representing a participants share of exploration costs are not service tax-able as consideration for service, with reference to relevant contractual allocation and existing circular guidance.
Levy of service tax on cash calls in joint ventures for oil and gas exploration is addressed by characterising inter-participant cash calls as expense-sharing contributions/investments rather than consideration for taxable service. The analysis treats Public-Private Partnership arrangements as joint ventures operating on a revenue-sharing model, distinguishes the appointed operators expenditure role from non-operators contributions, and treats exploration and development costs as contingent investments (sunk if no discovery). Consequently, cash calls representing a participants share of exploration costs are not service tax-able as consideration for service, with reference to relevant contractual allocation and existing circular guidance.
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