Donor-directed corpus contributions retain capital character despite exemption claims under section 10(23C)(vi), preventing their treatment as taxable...
Enhanced tax-audit threshold applies where banking records establish compliant non-cash receipts and payments, eliminating penalty exposure for audit ...
Transfer pricing consistency protects identical non-interest-bearing debenture terms from a later notional-interest adjustment without valid statutory...
Rectification of debatable deduction claims cannot reverse scrutiny-approved co-operative society interest income deductions as apparent record errors...
Cash-method accounting bars presumptive interest taxation, while unsupported securities and share-trading additions require reliable material and veri...
Imported marketing services received from abroad were held taxable under reverse charge where the appellant had already admitted the commission-based service tax liability and paid tax with interest before notice, so that demand was sustained. Separate bonus payments under a share purchase agreement were treated as consideration for continued marketing and business promotion services, not as part of the share purchase price, because they were contingent on managerial performance and turnover conditions; that demand was also upheld as Business Auxiliary Service. The Tribunal further found suppression of facts from the department, so the extended period of limitation applied. Penalty under Section 78 was reduced to the amount relating to the bonus payment demand, and penalty under Section 77 was set aside.
Imported marketing services received from abroad were held taxable under reverse charge where the appellant had already admitted the commission-based service tax liability and paid tax with interest before notice, so that demand was sustained. Separate bonus payments under a share purchase agreement were treated as consideration for continued marketing and business promotion services, not as part of the share purchase price, because they were contingent on managerial performance and turnover conditions; that demand was also upheld as Business Auxiliary Service. The Tribunal further found suppression of facts from the department, so the extended period of limitation applied. Penalty under Section 78 was reduced to the amount relating to the bonus payment demand, and penalty under Section 77 was set aside.
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