Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
CENVAT Credit - capital goods - Immovable Property or not - fabrication and setting up of entire paint shop - The case involved the appellant's availing of CENVAT credit on materials used in erecting a paint shop in their factory. The department contended that the paint shop, being immovable property, was not eligible for credit. However, the tribunal ruled in favor of the appellant, stating that the items used for setting up the paint shop qualified as capital goods eligible for credit. It emphasized the relevance of specific tariff headings and previous cases supporting the eligibility of credit on such items. Additionally, the tribunal rejected the department's invocation of the extended period, finding no evidence of suppression of facts by the appellant.
CENVAT Credit - capital goods - Immovable Property or not - fabrication and setting up of entire paint shop - The case involved the appellant's availing of CENVAT credit on materials used in erecting a paint shop in their factory. The department contended that the paint shop, being immovable property, was not eligible for credit. However, the tribunal ruled in favor of the appellant, stating that the items used for setting up the paint shop qualified as capital goods eligible for credit. It emphasized the relevance of specific tariff headings and previous cases supporting the eligibility of credit on such items. Additionally, the tribunal rejected the department's invocation of the extended period, finding no evidence of suppression of facts by the appellant.
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