Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
The Tribunal held that the arrangement between the parties was genuine job work for manufacture of Bright Bars, not manpower recruitment or supply service. Applying the control, remuneration, integration and multifactor tests, it found that the contractor retained control over labour, bore the commercial risk, and was paid per output rather than for manpower supplied. On that basis, the service tax demands based on manpower supply were unsustainable. The Tribunal further held that a lawful restructuring of business to reduce tax liability is not a sham or colourable device unless Revenue proves fraud or artificiality, which it failed to do. The impugned orders were set aside and the appeals allowed.
The Tribunal held that the arrangement between the parties was genuine job work for manufacture of Bright Bars, not manpower recruitment or supply service. Applying the control, remuneration, integration and multifactor tests, it found that the contractor retained control over labour, bore the commercial risk, and was paid per output rather than for manpower supplied. On that basis, the service tax demands based on manpower supply were unsustainable. The Tribunal further held that a lawful restructuring of business to reduce tax liability is not a sham or colourable device unless Revenue proves fraud or artificiality, which it failed to do. The impugned orders were set aside and the appeals allowed.
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