Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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Freight margin and forex conversion gains were not taxable as service consideration, as the Tribunal followed its earlier decisions in the assessee's own case and set aside the related demands. Services rendered to the SEZ unit for authorised operations were exempt, so the SEZ-linked service tax demand was deleted. Reimbursable expenses could not be included in taxable value under Rule 5 of the Service Tax (Determination of Value) Rules, 2006, and the extended period was unavailable because tax had been regularly paid and returns filed; the related GTA, CHA and C&F demands failed. Business Auxiliary Service was not made out on the facts, as the activity was on a principal-to-principal basis, and that demand was set aside. The alleged excess collection reflected in trial balance entries was remanded for verification.
Freight margin and forex conversion gains were not taxable as service consideration, as the Tribunal followed its earlier decisions in the assessee's own case and set aside the related demands. Services rendered to the SEZ unit for authorised operations were exempt, so the SEZ-linked service tax demand was deleted. Reimbursable expenses could not be included in taxable value under Rule 5 of the Service Tax (Determination of Value) Rules, 2006, and the extended period was unavailable because tax had been regularly paid and returns filed; the related GTA, CHA and C&F demands failed. Business Auxiliary Service was not made out on the facts, as the activity was on a principal-to-principal basis, and that demand was set aside. The alleged excess collection reflected in trial balance entries was remanded for verification.
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