Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
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Affiliation granted by a university to constituent colleges was held to be a statutory educational and regulatory function, not a supply of service in the course or furtherance of business. The affiliation fee lacked bargain and quid pro quo and therefore was not consideration for a taxable supply under the CGST Act. The Court further held that, in any event, affiliation services fall within Entry 66 of Notification No. 12/2017-Central Tax (Rate) as services relating to admission, examinations and core educational functions. The GST levy and demand were therefore quashed, and refund was directed subject to verification that the tax burden had not been passed on to students.
Affiliation granted by a university to constituent colleges was held to be a statutory educational and regulatory function, not a supply of service in the course or furtherance of business. The affiliation fee lacked bargain and quid pro quo and therefore was not consideration for a taxable supply under the CGST Act. The Court further held that, in any event, affiliation services fall within Entry 66 of Notification No. 12/2017-Central Tax (Rate) as services relating to admission, examinations and core educational functions. The GST levy and demand were therefore quashed, and refund was directed subject to verification that the tax burden had not been passed on to students.
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