TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
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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