Independent manufacturing undertaking eligibility preserves Section 80IA/80IB deductions, while machinery kept ready for use qualifies for depreciatio...
Assessing Officer Satisfaction Requirement Bars Penalty for Cash Receipt in Immovable-Property Sale Cases Where Initiation Lacks Recorded Satisfaction...
Self-assessed import entries remain appealable, while bona fide classification disputes without misdeclaration cannot justify confiscation or penaltie...
Actual-user customs exemption conditions permit turnkey project transfers when imported windmill components are exclusively used for installation and ...
Customs offence disqualification excludes civil contraventions, preventing refusal of a private bonded warehouse licence based solely on monetary pena...
Reverse-charge service tax on foreign-bank charges in export transactions depends on who received the banking service. Where the exporter lacked privity with the foreign bank and export proceeds were routed through an Indian bank, the Indian bank was identified as the service recipient liable under reverse charge. A demand that combined banking charges and overseas commissions without segregation was unsustainable. Audit based on the exporter's records, absence of evidence of mala fide intent, and availability of input tax credit supported revenue neutrality; fraud or suppression could not justify the extended limitation period or equal penalty. The service-tax demand and penalties were set aside.
Reverse-charge service tax on foreign-bank charges in export transactions depends on who received the banking service. Where the exporter lacked privity with the foreign bank and export proceeds were routed through an Indian bank, the Indian bank was identified as the service recipient liable under reverse charge. A demand that combined banking charges and overseas commissions without segregation was unsustainable. Audit based on the exporter's records, absence of evidence of mala fide intent, and availability of input tax credit supported revenue neutrality; fraud or suppression could not justify the extended limitation period or equal penalty. The service-tax demand and penalties were set aside.
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