Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
CENVAT Credit - place of removal for the GTA Services provided under a F.O.R sale contract - The High Court determined that in an F.O.R sale, where ownership remains with the seller until delivery at the buyer's premises, the place of removal should be considered the buyer's premises. This interpretation was supported by relevant Supreme Court decisions and a circular issued by the CBIC. The Tribunal's decision to consider the factory gate as the place of removal was deemed unjustified. - The High Court concluded that the appellant is indeed eligible for CENVAT credit on outward transportation beyond the place of removal.
CENVAT Credit - place of removal for the GTA Services provided under a F.O.R sale contract - The High Court determined that in an F.O.R sale, where ownership remains with the seller until delivery at the buyer's premises, the place of removal should be considered the buyer's premises. This interpretation was supported by relevant Supreme Court decisions and a circular issued by the CBIC. The Tribunal's decision to consider the factory gate as the place of removal was deemed unjustified. - The High Court concluded that the appellant is indeed eligible for CENVAT credit on outward transportation beyond the place of removal.
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