Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Bareboat charter arrangements for hiring dredgers, vessels and allied equipment involved transfer of right to possession and effective control, so the transactions did not fall within taxable supply of tangible goods service and, after 1 July 2012, were also not taxable as a declared service. The Tribunal held that the demand for service tax, interest and penalties failed because the authorities proceeded on the incorrect premise that there was no transfer of right to use. It further relied on the finality of the assessee's earlier decision on identical transactions, which bound the parties and independently supported setting aside the demand.
Bareboat charter arrangements for hiring dredgers, vessels and allied equipment involved transfer of right to possession and effective control, so the transactions did not fall within taxable supply of tangible goods service and, after 1 July 2012, were also not taxable as a declared service. The Tribunal held that the demand for service tax, interest and penalties failed because the authorities proceeded on the incorrect premise that there was no transfer of right to use. It further relied on the finality of the assessee's earlier decision on identical transactions, which bound the parties and independently supported setting aside the demand.
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