Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reverse charge demands on foreign services were struck down because the notices did not identify the applicable limb of the 2006 Rules, did not specify the taxable service or quantify consideration service-wise, and relied only on consolidated profit and loss figures. The TDS remitted separately to the Income Tax Department for architect services was not part of the taxable value, as service tax had been paid on the gross service charge. Credit on renting of leased premises was allowed because the premises was used as a business godown and for output services, and credit is not confined to registered premises. Extended limitation was unavailable since the dispute arose from audit, suppression was not proved, and the earlier notice could not justify repeated invocation on the same facts.
Reverse charge demands on foreign services were struck down because the notices did not identify the applicable limb of the 2006 Rules, did not specify the taxable service or quantify consideration service-wise, and relied only on consolidated profit and loss figures. The TDS remitted separately to the Income Tax Department for architect services was not part of the taxable value, as service tax had been paid on the gross service charge. Credit on renting of leased premises was allowed because the premises was used as a business godown and for output services, and credit is not confined to registered premises. Extended limitation was unavailable since the dispute arose from audit, suppression was not proved, and the earlier notice could not justify repeated invocation on the same facts.
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