Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
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...
Classification of a processing arrangement depends on the agreement and the real nature of the work. Applying the control, integration and multi-factor tests, the Tribunal held that supervision, disciplinary control, wage liability and statutory compliance remained with the contractor, while the client only required completion of identified job-work outputs; the arrangement was therefore contract for service, not manpower supply, and was classifiable under BAS rather than MSS. The Tribunal further held that processing unmanufactured tobacco did not change its essential character as agricultural produce, so the activity remained in relation to agriculture or agricultural produce and qualified for exemption. The refund claim for the disputed periods was allowed.
Classification of a processing arrangement depends on the agreement and the real nature of the work. Applying the control, integration and multi-factor tests, the Tribunal held that supervision, disciplinary control, wage liability and statutory compliance remained with the contractor, while the client only required completion of identified job-work outputs; the arrangement was therefore contract for service, not manpower supply, and was classifiable under BAS rather than MSS. The Tribunal further held that processing unmanufactured tobacco did not change its essential character as agricultural produce, so the activity remained in relation to agriculture or agricultural produce and qualified for exemption. The refund claim for the disputed periods was allowed.
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