Anti-profiteering obligations survive business demerger, complaint withdrawal, and customized supply arrangements where rate-reduction benefits are no...
Road restoration charges constitute taxable services when requested for commercial pipeline activity, requiring reverse-charge GST from the business r...
Interest on delayed release of requisitioned cash includes statutory pre-assessment interest and restitutionary compensation for unlawful post-assessm...
Incomplete inventory records justify rejecting accounts, while profit estimation requires relevant comparable material and interest falls under other ...
Transfer-pricing comparability requires functional alignment; delayed associated-enterprise receivables need separate LIBOR-based benchmarking, while ...
Voluntary compensation for diminution in the value of unexercised employee stock options following corporate restructuring is not taxable as a perquisite or salary where it is not contractually or statutorily required, is paid without exercise, allotment, transfer, surrender, cancellation or repurchase of the options, and the employee retains the options. The proximate cause is the restructuring rather than employment. Payer-side tax deduction or Form 16 classification cannot create a tax charge absent satisfaction of the charging provisions. The payment also cannot be treated as profits in lieu of salary merely through an alternative salary provision.
Voluntary compensation for diminution in the value of unexercised employee stock options following corporate restructuring is not taxable as a perquisite or salary where it is not contractually or statutorily required, is paid without exercise, allotment, transfer, surrender, cancellation or repurchase of the options, and the employee retains the options. The proximate cause is the restructuring rather than employment. Payer-side tax deduction or Form 16 classification cannot create a tax charge absent satisfaction of the charging provisions. The payment also cannot be treated as profits in lieu of salary merely through an alternative salary provision.
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