Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Trailer-hire with driver and crew was taxable as supply of tangible goods service because the work orders showed only permissive use, while possession, effective control, maintenance, replacement risk, insurance and legal responsibility remained with the supplier; the plea for goods transport agency treatment was rejected. The admitted erection, commissioning and installation service was also held taxable. Non-filing and incomplete filing of ST-3 returns, coupled with admitted collection and non-payment of service tax, justified the extended period and penalties. Cum-tax benefit was to be granted, and CENVAT credit could not be denied on a ground beyond the show cause notice, so the matter was remanded only for limited recomputation.
Trailer-hire with driver and crew was taxable as supply of tangible goods service because the work orders showed only permissive use, while possession, effective control, maintenance, replacement risk, insurance and legal responsibility remained with the supplier; the plea for goods transport agency treatment was rejected. The admitted erection, commissioning and installation service was also held taxable. Non-filing and incomplete filing of ST-3 returns, coupled with admitted collection and non-payment of service tax, justified the extended period and penalties. Cum-tax benefit was to be granted, and CENVAT credit could not be denied on a ground beyond the show cause notice, so the matter was remanded only for limited recomputation.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4918 
