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 ...
Licensing pre-existing technical documentation, know-how and a trademark for vehicle manufacture is characterised as a restricted right to use intellectual property, not consulting engineer service. The engineering nature of the material does not convert an independent licence into consultancy where the foreign provider was not engaged to solve a specific problem, provide advice or perform customised assistance; the demand was therefore unsustainable. For the period before section 66A, reverse-charge liability could not be imposed on an Indian service recipient without statutory authority, and reliance on rules beyond the show cause notice was impermissible. The impugned order was set aside with consequential relief.
Licensing pre-existing technical documentation, know-how and a trademark for vehicle manufacture is characterised as a restricted right to use intellectual property, not consulting engineer service. The engineering nature of the material does not convert an independent licence into consultancy where the foreign provider was not engaged to solve a specific problem, provide advice or perform customised assistance; the demand was therefore unsustainable. For the period before section 66A, reverse-charge liability could not be imposed on an Indian service recipient without statutory authority, and reliance on rules beyond the show cause notice was impermissible. The impugned order was set aside with consequential relief.
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