Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Entities registered as societies were treated as governmental authorities because they were established and wholly controlled by the Haryana Government to perform citizen-facing statutory functions through e-governance, and the amounts collected were statutory fees rather than commercial consideration. On that basis, services relating to municipal functions under Notification No. 25/2012-ST were exempt, so the service tax demand on merits failed. The Tribunal also found no suppression or intent to evade tax: the dispute was interpretational, the activities were in the public domain, and the entities acted under bona fide belief. The extended period and consequential penalties under Sections 77 and 78 were therefore unsustainable.
Entities registered as societies were treated as governmental authorities because they were established and wholly controlled by the Haryana Government to perform citizen-facing statutory functions through e-governance, and the amounts collected were statutory fees rather than commercial consideration. On that basis, services relating to municipal functions under Notification No. 25/2012-ST were exempt, so the service tax demand on merits failed. The Tribunal also found no suppression or intent to evade tax: the dispute was interpretational, the activities were in the public domain, and the entities acted under bona fide belief. The extended period and consequential penalties under Sections 77 and 78 were therefore unsustainable.
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