Trademark depreciation and section 14A adjustments: ITAT applies consistency, independent book-profit computation, and no disallowance without exempt ...
Rebuttable search presumptions and corroboration standards shaped deletion of unsubstantiated additions, while rental income and limited profit estima...
Performance of reciprocal obligations under a project development agreement in a common commercial joint venture was not a taxable service, because each co-venturer was discharging its own duties to achieve the venture's object rather than rendering an activity to another for consideration. The Tribunal held that the arrangement for revival of a sick sugar unit, including installation and operation of the power generation facility and supply of inputs for sugar operations, constituted mutual performance by co-venturers and not renting of immovable property or any other service. The service tax demands and penalty were therefore unsustainable and were set aside.
Performance of reciprocal obligations under a project development agreement in a common commercial joint venture was not a taxable service, because each co-venturer was discharging its own duties to achieve the venture's object rather than rendering an activity to another for consideration. The Tribunal held that the arrangement for revival of a sick sugar unit, including installation and operation of the power generation facility and supply of inputs for sugar operations, constituted mutual performance by co-venturers and not renting of immovable property or any other service. The service tax demands and penalty were therefore unsustainable and were set aside.
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