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...
Lease of the closed sugar factory premises was treated as renting of factory premises, not mere leasing of land, so service tax liability was upheld on merits and PSU status did not confer any exemption. However, the Tribunal found no suppression with intent to evade because the levy on renting of immovable property was under judicial uncertainty, no tax had been collected from lessees, and no deliberate evasion was shown. As the notice was issued before insertion of section 73(2A) and retrospective operation was not established, the extended period could not be invoked and the normal-period demand also fell. The entire demand was set aside as time-barred.
Lease of the closed sugar factory premises was treated as renting of factory premises, not mere leasing of land, so service tax liability was upheld on merits and PSU status did not confer any exemption. However, the Tribunal found no suppression with intent to evade because the levy on renting of immovable property was under judicial uncertainty, no tax had been collected from lessees, and no deliberate evasion was shown. As the notice was issued before insertion of section 73(2A) and retrospective operation was not established, the extended period could not be invoked and the normal-period demand also fell. The entire demand was set aside as time-barred.
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