Compulsorily convertible debentures remain debt before conversion, preventing transfer-pricing and interest-deduction disallowances on the stated fact...
Stock-in-trade transfer taxability follows possession and consideration, not later conveyance registration, limiting deemed-value provisions to the ac...
Alternative statutory remedy under GST bars writ challenge where classification, notice variance, and hearing disputes require factual appellate revie...
Reverse-charge service tax on foreign-bank charges in export transactions depends on who received the banking service. Where the exporter lacked privity with the foreign bank and export proceeds were routed through an Indian bank, the Indian bank was identified as the service recipient liable under reverse charge. A demand that combined banking charges and overseas commissions without segregation was unsustainable. Audit based on the exporter's records, absence of evidence of mala fide intent, and availability of input tax credit supported revenue neutrality; fraud or suppression could not justify the extended limitation period or equal penalty. The service-tax demand and penalties were set aside.
Reverse-charge service tax on foreign-bank charges in export transactions depends on who received the banking service. Where the exporter lacked privity with the foreign bank and export proceeds were routed through an Indian bank, the Indian bank was identified as the service recipient liable under reverse charge. A demand that combined banking charges and overseas commissions without segregation was unsustainable. Audit based on the exporter's records, absence of evidence of mala fide intent, and availability of input tax credit supported revenue neutrality; fraud or suppression could not justify the extended limitation period or equal penalty. The service-tax demand and penalties were set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4910 
