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...
Point of Taxation rules - Liability for service tax on provisional entries made for services received from an associated enterprise located outside India. - The Tribunal notes that up to April 2012, tax should be paid based on the date of credit or payment, whichever is earlier. Post-April 2012, the rule changed to the date of debit or payment. The Tribunal acknowledged that provisional entries are a reasonable basis for determining tax liability due to statutory amendments aimed at curtailing tax avoidance. - The Tribunal remanded the case to the original authority to reassess the tax and penalties based on actual figures and compliance with statutory provisions.
Point of Taxation rules - Liability for service tax on provisional entries made for services received from an associated enterprise located outside India. - The Tribunal notes that up to April 2012, tax should be paid based on the date of credit or payment, whichever is earlier. Post-April 2012, the rule changed to the date of debit or payment. The Tribunal acknowledged that provisional entries are a reasonable basis for determining tax liability due to statutory amendments aimed at curtailing tax avoidance. - The Tribunal remanded the case to the original authority to reassess the tax and penalties based on actual figures and compliance with statutory provisions.
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