Inaccurate-particulars penalties fail where transfer-pricing documentation shows good faith and due diligence, and underlying capital-gains additions ...
Transfer-pricing tolerance for software sub-licensing falls within the services range, eliminating the adjustment and requiring TDS-credit verificatio...
Customs Broker due diligence requires prescribed KYC, not detecting misdeclarations discoverable only through physical examination, defeating licence ...
E-filing system failure permits exclusion of affected time in insolvency appeals, preventing tribunal technology defects from defeating timely filings...
Pre-existing disputes over outcome-based professional fees can bar Section 9 insolvency proceedings where contractual entitlement requires investigati...
CENVAT Credit - input service availed by the appellant at the depot level - The case involved the admissibility of Cenvat Credit on service tax paid for clearing and forwarding services received by the appellant at the depot. The tribunal upheld the appellant's claim, stating that since the ownership of goods remained with them until sold from the depot or consignment agent premises, all input services availed up to that point were eligible for Cenvat Credit. The tribunal interpreted the definition of "place of removal" under the Central Excise Act, 1944, to include the depot of the consignment agent as the place of removal, making services provided up to that point admissible for credit.
CENVAT Credit - input service availed by the appellant at the depot level - The case involved the admissibility of Cenvat Credit on service tax paid for clearing and forwarding services received by the appellant at the depot. The tribunal upheld the appellant's claim, stating that since the ownership of goods remained with them until sold from the depot or consignment agent premises, all input services availed up to that point were eligible for Cenvat Credit. The tribunal interpreted the definition of "place of removal" under the Central Excise Act, 1944, to include the depot of the consignment agent as the place of removal, making services provided up to that point admissible for credit.
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