Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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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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