Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
Refund of accumulated CENVAT credit on exported services is not barred merely because credit from an earlier period is claimed in a subsequent quarter. Notification No. 5/2006-CE (NT) and the Board clarification permit carry-forward, subject to limitation and other claim requirements. For reverse-charge service tax paid belatedly, limitation runs from the actual tax-payment date; a period stated incorrectly in the application may be treated as a clerical error where returns establish the payment date. Both Members agreed that the refund rejection could not stand on those grounds. They differed on whether issues beyond the show cause notice required remand or whether refund with interest should be granted, and referred that question to a Third Member.
Refund of accumulated CENVAT credit on exported services is not barred merely because credit from an earlier period is claimed in a subsequent quarter. Notification No. 5/2006-CE (NT) and the Board clarification permit carry-forward, subject to limitation and other claim requirements. For reverse-charge service tax paid belatedly, limitation runs from the actual tax-payment date; a period stated incorrectly in the application may be treated as a clerical error where returns establish the payment date. Both Members agreed that the refund rejection could not stand on those grounds. They differed on whether issues beyond the show cause notice required remand or whether refund with interest should be granted, and referred that question to a Third Member.
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