Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
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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