Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
Extended limitation under indirect tax law applies only where fraud, collusion, wilful misstatement, suppression of facts, or contravention with intent to evade duty is shown, and the text treats non-disclosure of the contractual arrangement, delayed service tax payment, and suo motu credit taken instead of refund as sufficient to invoke it. It further notes that the same facts satisfy the basis for penalty under Rule 15(2) read with Section 11AC where suppression and wrongful availment of Cenvat credit are established. On that reasoning, the demand and penalty were sustained.
Extended limitation under indirect tax law applies only where fraud, collusion, wilful misstatement, suppression of facts, or contravention with intent to evade duty is shown, and the text treats non-disclosure of the contractual arrangement, delayed service tax payment, and suo motu credit taken instead of refund as sufficient to invoke it. It further notes that the same facts satisfy the basis for penalty under Rule 15(2) read with Section 11AC where suppression and wrongful availment of Cenvat credit are established. On that reasoning, the demand and penalty were sustained.
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