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 note addresses whether manufacturer-paid incentives for meeting vehicle sales targets constitute a taxable Business Auxiliary Service or form part of the sale price as trade discounts. It applies the principle that transfers of property in goods are excluded from the definition of service and distinguishes transaction-specific incentives from general performance-based schemes, treating such incentives as reductions to sale consideration rather than separate taxable services. Relying on the Tribunal precedent in Bangalore Motors, the impugned service tax demand was set aside and the appeals allowed, with consequential relief as per law.
The note addresses whether manufacturer-paid incentives for meeting vehicle sales targets constitute a taxable Business Auxiliary Service or form part of the sale price as trade discounts. It applies the principle that transfers of property in goods are excluded from the definition of service and distinguishes transaction-specific incentives from general performance-based schemes, treating such incentives as reductions to sale consideration rather than separate taxable services. Relying on the Tribunal precedent in Bangalore Motors, the impugned service tax demand was set aside and the appeals allowed, with consequential relief as per law.
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