Fair-rent assessment requires consideration of lease terms, valuation principles and prevailing market rent; the certificate was quashed for fresh rev...
Document Identification Number compliance is satisfied when electronically communicated orders are promptly authenticated through a correctly identifi...
Industrial shrimp-feed machinery classification follows its commercial function, placing integrated production plants under the specific industrial fo...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
