Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
The article explains that recovery of jointly incurred advertising costs under a cost sharing agreement did not amount to a taxable Business Auxiliary Service because there was no provider recipient relationship or rendition of service to the foreign group company. The arrangement obliged the taxpayer to pay third party vendors and seek reimbursement of the other party's agreed share on production of claims; no markup, profit or separate consideration was charged. Consequently, absent consideration or a taxable service, the receipts were not exigible to service tax and export of service rules were inapplicable, leading to relief against assessment and penalties.
The article explains that recovery of jointly incurred advertising costs under a cost sharing agreement did not amount to a taxable Business Auxiliary Service because there was no provider recipient relationship or rendition of service to the foreign group company. The arrangement obliged the taxpayer to pay third party vendors and seek reimbursement of the other party's agreed share on production of claims; no markup, profit or separate consideration was charged. Consequently, absent consideration or a taxable service, the receipts were not exigible to service tax and export of service rules were inapplicable, leading to relief against assessment and penalties.
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