Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
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Service tax could not be levied on notional interest attributed to a refundable security deposit, because taxable value under section 67 is limited to the consideration actually charged for the service. The Tribunal followed its earlier decision in the assessee's own case and held that a separately refundable deposit does not become taxable consideration merely by imputing a notional return on it. In the absence of any legal basis to include such notional interest in the value of service, the demand was unsustainable. The impugned order was set aside and the appeal was allowed.
Service tax could not be levied on notional interest attributed to a refundable security deposit, because taxable value under section 67 is limited to the consideration actually charged for the service. The Tribunal followed its earlier decision in the assessee's own case and held that a separately refundable deposit does not become taxable consideration merely by imputing a notional return on it. In the absence of any legal basis to include such notional interest in the value of service, the demand was unsustainable. The impugned order was set aside and the appeal was allowed.
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