Time Relevance of Expense: commission deductible when incurred; restructuring transfers, lease obligations upheld; unenforceable sale agreement bars l...
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Receipts between a members' club and its members fall outside service tax under the doctrine of mutuality and the statutory exclusion of bodies constituted under law, so member receipts are not exigible for the impugned period; services to non-members were taxable only after the Finance Act, 2011 amendment effective 01.05.2011, so pre-amendment non-member services are not taxable; sponsorship income for events should be treated as Sponsorship Services and not Club or Association Services; and the extended period of limitation cannot be invoked where the issue is interpretational and no fraud or suppression is shown.
Receipts between a members' club and its members fall outside service tax under the doctrine of mutuality and the statutory exclusion of bodies constituted under law, so member receipts are not exigible for the impugned period; services to non-members were taxable only after the Finance Act, 2011 amendment effective 01.05.2011, so pre-amendment non-member services are not taxable; sponsorship income for events should be treated as Sponsorship Services and not Club or Association Services; and the extended period of limitation cannot be invoked where the issue is interpretational and no fraud or suppression is shown.
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