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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Dealings in second-hand cars are covered by the margin-based valuation mechanism in Rule 32(5) of the CGST Rules read with Notification No. 8/2018-Central Tax (Rate), but only where the prescribed conditions are strictly met, including no availed input tax credit and supply as such or after minor processing that does not change the goods' nature; negative margin is ignored. Motor vehicles principally designed for transport of persons were classified under Heading 8703, with assessable value determined on the margin basis, but the exact rate of tax was not ruled upon because essential factual particulars were not furnished. The Authority also refused to give general suggestions, treating that request as beyond advance ruling jurisdiction.
Dealings in second-hand cars are covered by the margin-based valuation mechanism in Rule 32(5) of the CGST Rules read with Notification No. 8/2018-Central Tax (Rate), but only where the prescribed conditions are strictly met, including no availed input tax credit and supply as such or after minor processing that does not change the goods' nature; negative margin is ignored. Motor vehicles principally designed for transport of persons were classified under Heading 8703, with assessable value determined on the margin basis, but the exact rate of tax was not ruled upon because essential factual particulars were not furnished. The Authority also refused to give general suggestions, treating that request as beyond advance ruling jurisdiction.
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