Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
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Levy of VAT (tax) - Turnover of old machinery and equipment after the closure of business - The central contention is the interpretation of the amended definition of "business" and the classification of the assets sold. The revisionist argues for a broader interpretation, encompassing all transactions related to goods acquired during business operation, while the respondent maintains that the assets sold are capital goods and thus exempt from taxation. - The High Court, after careful consideration, rules in favor of the respondent (assessee). It emphasizes that the amended definition of "business" restricts taxation to the sale of goods acquired during business operation, excluding transactions post-business closure. Additionally, the Court agrees with the lower authorities' classification of the assets sold as capital goods, affirming that they fall outside the taxable scope of the Act.
Levy of VAT (tax) - Turnover of old machinery and equipment after the closure of business - The central contention is the interpretation of the amended definition of "business" and the classification of the assets sold. The revisionist argues for a broader interpretation, encompassing all transactions related to goods acquired during business operation, while the respondent maintains that the assets sold are capital goods and thus exempt from taxation. - The High Court, after careful consideration, rules in favor of the respondent (assessee). It emphasizes that the amended definition of "business" restricts taxation to the sale of goods acquired during business operation, excluding transactions post-business closure. Additionally, the Court agrees with the lower authorities' classification of the assets sold as capital goods, affirming that they fall outside the taxable scope of the Act.
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