International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
The note addresses tax treatment of manpower supply services, applying the Service Tax Rules definition of 'supply of manpower' and the reverse charge principle that places service tax liability on the recipient where manpower is supplied by an individual or partnership to a body corporate; the liability for services to RailTel therefore rests with the recipient. It finds invocation of the extended limitation period unsustainable where the issue was already known from an earlier audit, and it sets aside demands made on that basis. It also concludes that penalty for suppression is unwarranted where the supplier declared services and no corroborative evidence of evasion exists.
The note addresses tax treatment of manpower supply services, applying the Service Tax Rules definition of 'supply of manpower' and the reverse charge principle that places service tax liability on the recipient where manpower is supplied by an individual or partnership to a body corporate; the liability for services to RailTel therefore rests with the recipient. It finds invocation of the extended limitation period unsustainable where the issue was already known from an earlier audit, and it sets aside demands made on that basis. It also concludes that penalty for suppression is unwarranted where the supplier declared services and no corroborative evidence of evasion exists.
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