Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Valuation of taxable service under Section 67 requires the gross amount charged by the service provider as quid pro quo; amounts lacking nexus to the service cannot be included. Applying this principle, salaries paid by the hotel owner to the general manager and department heads were not sums charged by the foreign operator and hence not includible in the operator/management fee. Contractual provisions vesting hiring and termination rights in the owner, together with the owner's fulfilment of statutory employer obligations (PF contributions, Form 16), corroborated an employer-employee relationship with the owner, supporting exclusion of those salaries from taxable value.
Valuation of taxable service under Section 67 requires the gross amount charged by the service provider as quid pro quo; amounts lacking nexus to the service cannot be included. Applying this principle, salaries paid by the hotel owner to the general manager and department heads were not sums charged by the foreign operator and hence not includible in the operator/management fee. Contractual provisions vesting hiring and termination rights in the owner, together with the owner's fulfilment of statutory employer obligations (PF contributions, Form 16), corroborated an employer-employee relationship with the owner, supporting exclusion of those salaries from taxable value.
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