Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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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