Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Service tax liability prior to the Point of Taxation regime arose on actual receipt of consideration, not merely on accrual-based book figures or sundry debtors; GTA liability also rested on the service recipient under reverse charge, and the related demands were unsustainable. Classification turned on the real nature of the activity, so export cargo handling could not be taxed as Clearing and Forwarding Agent service, and pure reimbursements without profit element were excluded from value. Advances linked to GTA service were covered by reverse charge, unsecured loan receipts were not consideration for service, and detention charges were penal in nature. CENVAT credit could not be denied for clerical invoice defects where receipt and use of input services were established. A second notice on the same known facts could not invoke the extended period, and Section 78 penalty failed for want of wilful suppression.
Service tax liability prior to the Point of Taxation regime arose on actual receipt of consideration, not merely on accrual-based book figures or sundry debtors; GTA liability also rested on the service recipient under reverse charge, and the related demands were unsustainable. Classification turned on the real nature of the activity, so export cargo handling could not be taxed as Clearing and Forwarding Agent service, and pure reimbursements without profit element were excluded from value. Advances linked to GTA service were covered by reverse charge, unsecured loan receipts were not consideration for service, and detention charges were penal in nature. CENVAT credit could not be denied for clerical invoice defects where receipt and use of input services were established. A second notice on the same known facts could not invoke the extended period, and Section 78 penalty failed for want of wilful suppression.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
