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...
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...
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Fees collected by a State forest officer in the course of conservation and regulation of forest access were statutory levies collected in an official capacity and credited to the State's consolidated fund. Because the activity was a sovereign governmental function, it did not constitute taxable Tour Operator service under the Finance Act, 1994, and the officer was not liable for service tax, interest or penalty. The levy of service tax on income arising from State functions was also beyond the department's proper reach, and proceedings against the officer acting only in his official capacity were misconceived. The Tribunal's order was left undisturbed and the appeals were dismissed.
Fees collected by a State forest officer in the course of conservation and regulation of forest access were statutory levies collected in an official capacity and credited to the State's consolidated fund. Because the activity was a sovereign governmental function, it did not constitute taxable Tour Operator service under the Finance Act, 1994, and the officer was not liable for service tax, interest or penalty. The levy of service tax on income arising from State functions was also beyond the department's proper reach, and proceedings against the officer acting only in his official capacity were misconceived. The Tribunal's order was left undisturbed and the appeals were dismissed.
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