Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
Purchase and resale of cargo space by a freight forwarder on its own account was held to be a principal-to-principal trading transaction, not an intermediary or composite taxable service. The Tribunal found that mere markup between buying and selling prices did not prove rendition of Business Support Service or any other service, and the alleged local transportation, cargo handling, labour and facilitation services were unsupported by evidence. It also noted that the appellant bore the risk of unsold space and acted as principal, consistent with the departmental clarification that such activity is not intermediary service. The surplus from resale was treated as business income from trading in space, so the service tax, interest and penalties were set aside.
Purchase and resale of cargo space by a freight forwarder on its own account was held to be a principal-to-principal trading transaction, not an intermediary or composite taxable service. The Tribunal found that mere markup between buying and selling prices did not prove rendition of Business Support Service or any other service, and the alleged local transportation, cargo handling, labour and facilitation services were unsupported by evidence. It also noted that the appellant bore the risk of unsold space and acted as principal, consistent with the departmental clarification that such activity is not intermediary service. The surplus from resale was treated as business income from trading in space, so the service tax, interest and penalties were set aside.
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