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8/2004-ST, the exemption was forex strategy builder professional 3.2 4th edition restricted to business auxiliary service provided by commission agents in relation to sale or purchase of agricultural produce. In respect of the balance amount, which has already been deposited and another amount relates to advertisement services for which the Commissioner has not cited any evidence to show that the advertisement was done both for manufactured goods as well as traded goods. STO 2013 cestat 237 Business Auxiliary Service: Demand: Stay: On the margins involved in selling of cargo space: Sale of cargo space is not sale of goods but supply of service. There is no any auxiliary service relating to any of the clauses mentioned in the definition or service of the type enumerated in the last clause of the definition has been provided by the appellants. STO 2012 cestat 695 Business Auxiliary Service: Commission received for providing use of turf not covered under this category. Submitted that such forex gain/loss was rightly considered by the TPO as non-operating in the computation of the ALP and hence such a view should not have disturbed. The appellant should be directed to deposit an amount. As such, applicant has not made out a prima facie case for complete waiver(Para 6). STO 2007 cestat 567 Service Tax: C F Agents' service: Loading of coal at various collieries: Scope and liability: The kind of activity undertaken by the appellants is not similar to the case of Larsen Toubro Ltd.
STO 2008 cestat 142 Services rendered outside India: Stay: Prima facie, the Apex Court has held that the service tax is not leviable for the service rendered outside India. In view of matrix forex services pvt ltd decision of coordinate bench in assessees own case for assessment year and also on basis of our analysis of functions of assessee vis - a -vis comparable, we direct. From this aspect, he proposed to contest the three comparables covered in ground. Vs acit (2011) 44 SOT 156 (Bangalore) has held that foreign exchange fluctuation gain is part of operating profit of the company and should be included in the operating revenue. With respect to Aditya Birla capital advisors private limited, he referred to page. Transfer Pricing Officer selected eight comparables whose average PLI of OP/OC was computed.48. Thus, from the terms and conditions entered into by the appellant, it is clear that the appellant was acting as a commission agent by procuring the orders for the sale of the goods and not as Clearing Forwarding Agent. Determining the arm's length margins / prices using data pertaining only to financial Year FY which was not available to the Appellant at the time of complying with the Indian TP documentation requirements. Based on work profile of assessee and details of services provided as stated in Para. 13/03 extended the exemption benefit to sale of goods.
The period in dispute in the present case is September 2005 to December 2006. STO 2010 cestat 75 Service Tax: Business Auxiliary Services: Machining, drilling, turning, surfacing on iron castings: The activities carried out by the appellants amounted to 'processing' which was not included in the definition of Business Auxiliary Service' prior. STO 2007 cestat 254 Service Tax:.A.S.: Waiver of pre-deposit: No strong prima facie case for total waiver has been made out, as prima facie the applicants herein on whom there is a demand of service tax, have rendered. However petitioner shall be liable to pay the service tax as assessed for BAS, after taking credit for any amounts already remitted towards BAS provided during 2004-05 to March 2010.(Para 3). Lottery tickets are printed by the State governments and are sold through agents or distributors. STO 2013 cestat 611 Commission Agent who Procures orders would be Covered Under: 'Business Auxiliary Services' and not under 'C F Agent's Services'. The appeal is thus partly allowed by setting aside only demand of tax.3, 45,154/. 19/2005 dated.6.2005 was denied to the assessee by the authorities below on the ground that the assessee was not engaged in providing 'Business Auxiliary Service' of textile processing. Accordingly, penalty is waived and appeal is disposed.(Para 7) STO 2011 cestat 89 Service Tax: Taxable Value: Pre-deposit: In view of the categorical finding by the Commissioner that the value of the goods supplied was not known. Whether a process would amount to manufacture within the meaning of section 2 (f) has to be seen independently, based on the criteria evolved through various judgments of apex court. It is required to analyze the definition of "Business Auxiliary Services" in terms of the activities carried out by the appellants at the final stage.(Para 4). The consideration for the goods received is made over to the suppliers within the time limit as per the schedule prescribed in the rate contract.e. (para.2.) STO 2011 cestat 65 Service Tax: Business Auxiliary Services: The Larger Bench judgment in the case of Maa Sharda Wine Traders Vs Union of India reported in STO 2008 MP 874 MP has held that packaging.
Therefore, the order of the Commissioner (Appeals) in setting aside the penalties imposed under Sections 77 78 is justified and calls for no interference. 484 of paper book wherein data was sourced from global insight WIS and such data was sorted by assessee based on sales on country and region wise. STO 20ervice Tax: Business auxiliary service: Activities - excavation/ raising of factory grade Bauxite at the mines of Madras Aluminium Company Ltd. In the case of the assessee icra Ltd has been excluded as comparable as it is providing credit rating services. 306/- has also been paid, there was no short payment and there was no excess availment of cenvat credit. 87/05/2006-ST dated issued by the Board, wherein after taking note of the fact that certain doubts have arisen in respect of the said activity, it stands clarified that such services would be covered under the category of business auxiliary services. The applicants also cannot sell these branded goods in open market. In analytics group, assessee primarily focuses on data intensive analysis requiring expertise in analytical tools and techniques., database management, etc. Accordingly, under the Concession Agreement, stpl was collecting toll charges on Sections of NH-5 and NH-9 in the capacity of Concessionaire and not as any agent of cidbi.
Ltd V dcit 6648/Del/2016 A Y 2012-13 In rule. STO 20ervice Tax: Business auxillary service: Scope and liability: The appellant had constructed national Highway on BOT basis as per the tripartite assignment agreement dated between National Highways Authority and cidbi and the appellant. The submission that the impugned activity was originally found to be liable under the category of photography services and that the related demand had been vacated by this bench vide Final Order No 779 to 782/2007 dated is relevant and has considerable force. AR submitted at the outset that the Delhi bench of the tribunal in Ameriprise India Pvt. The assessee has raised the following grounds of appeal:- "On the facts and circumstances of the case and in law, the learned Assessing Officer AO has erred in passing the assessment order under section 143(3) read with section. 21 of that order wherein after considering services of research and information services, ultimately coordinate bench has held that assessee is rendering matrix forex services pvt ltd knowledge process outsourcing services under this segment involving huge expertise and skills. Here, expression "hotel" means a place that provides boarding and lodging facilities to public on commercial basis. All other services, which they render, relate to 'Information Technology Service which is excluded from the scope 'Business Auxiliary Services'.
The Mumbai Bench of the Tribunal. We find merit in the contention raised on behalf of the assessee about the inclusion of foreign exchange gain/loss in the operating revenue/costs of the assessee as well as that of the comparables. The case of the Revenue is that the respondent is liable to pay Service Tax on the amount charged in lieu of such Business Auxiliary Service. Therefore, demand is not sustainable.(Para.6) 4) Personalized Services provided to Debenture/Bond holders :- It is held that debentures are not "goods" to attract service tax under the category of "Business Auxiliary Services" as per The Finance Act, 1994. The above services were rendered by assessee, which is placed at page. This being the finding which is not in contravention of the Circular issued by the Board on 27th October, 2008. STO 2008 cestat 94 Producing or processing of goods : On the issue of processing the goods for a client' and not on behalf of a client and that processing of goods for a client become liable to service. Assessee provided this information from Bloomberg and one source database. (para 4) STO 2011 cestat 95 Service Tax: Business Auxiliary Services: Section 80: Penalty: There was reasonable cause for failure on the part of the assessee to clear the dues in time. STO 2005 cestat 39 Consulting Engineer Service: Royalty and Know-how Payment: Revenue has not made out a clear case that the respondents have incurred certain expenditure for availing the services of a consulting engineer from their foreign collaborators.
The assessee objected a comparable stating that it is functionally dissimilar as it is engaged in business of capital raising solutions and earning supernormal profits. We also perused for ascertaining correct function being performed by assessee based on sample copies of service request and its deliverables placed before us at page. STO 2012 cestat 519 Business Auxiliary Service: Penalty: Appellant had confusion about levy of service tax as the entry was not clear: Penalty set aside. (para 7) STO 2010 cestat 276 Service Tax: Business Auxiliary Service: Brokerage paid to yarn brokers: Penalty: Before the Commissioner (Appeals) the assessees conceded that tax on commission paid to depot managers is payable. In a similar matter, the Mumbai Bench in the case of M/s.
In terms of Notification. Break- up of "Revenue from Operations" given on page 253 of paper book gives 18 McKinsey Knowledge Centre India Pvt. The decision matrix forex services pvt ltd of the Tribunal in the case of Coal Handlers Pvt. STO 2011 cestat 266 Business Auxiliary Service: When goods sold directly by the Company in the territory of respondents and respondents gets commission on the amount of sales directly made by company, the respondents cannot be considered as Commission. The same stand clarified by the Board's notification.
Therefore, the appellants' case prima facie is not covered by the Larger Bench decision. STO 2012 cestat 183 Business Auxiliary Service: Demand: Stay: incentive, extra incentive, monthly target incentive, cash and carry discounts ceived by the appellants out of extra sales of vehicles not commission, hence, prima facie out of BAS: Appellants. There was no element of service to bsnl involved in the appellants' purchasing and selling simcards for profit.(Para 2). STO 2006 cestat 656 Service Tax: Business auxiliary services: Penalty u/s 76: The applicants were functioning from the new premises without a valid registration and they were also not submitting return. STO 2009 cestat 468 Service Tax: "Business Auxiliary Service received from service providers based abroad during.7.04.4.07: Scope and liability: The service provider did not have any office in India and such providers of service were. /- was assessed at Rs / - incorporating therein addition as per the transfer pricing adjustment. Ltd V dcit 6648/Del/2016 A Y proposing the above addition.
The TPO treated it as comparable, which was approved by DRP. STO 2009 cestat 539 Pathology Collection centre: Collection centre engaged in collection of samples and forwarding the same to the concerned laboratories for testing would not come within the purview of Business Auxiliary Services. Commission person who acts on behalf of another person and causes sale or purchase of goods, or provision or receipt of services, for a consideration, and includes any person who, while acting on behalf of another person (i). STO 2007 cestat 367 Service Tax: Cenvat credit of service tax paid matrix forex services pvt ltd on commission and advertisement: The commission agents prima facie do promote the sale and once the definition of the input service includes services used for advertisement or sale. Since prima facie the case is not in favour of the petitioner on the aspect of classification of the services provided (as BAS on which tax liability is assessed, grant waiver of predeposit can not be considered. STO 20 Business Auxiliary Service: GTA Service: Transportation of sugarcane: Appellant is not eligible for the benefit under Notification.
(para.1.) Service Tax: Authorised service station and Business auxiliary service: Incentives paid to the dealers : The incentives have a direct relationship with the value of goods so sold on which excise duty becomes payable. The appellants have shown that they had rendered a call centre services to State Electricity Board. Partial pre-deposit is ordered, and on compliance balance amount of service tax, interest and penalties shall remain stayed during the pendency of appeal.(Para 14). 01.06.07, hence, no tax leviable under BAS for earlier period. Accordingly, demand is confirmed. STO 2012 cestat 902 GTA: Business Auxiliary Service: Stay: Appellants paid service tax with interest before the issuance of show cause notice: Considered as sufficient for pre deposit: Stay granted. A transfer pricing adjustment on account of interest on delayed realization of invoice value has nothing to do with the closing or opening values. We have carefully considered the above submission and we are of the view that that cibil is a credit rating company that is based on trance union score version.0, which is a powerful predictor of risk of the borrower.