Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
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...
Recovery of amount of CENVAT Credit short reversed/not paid by the Noticee - The Tribunal upheld the department's position, ruling that the goods cleared under the exemption notification should be considered exempted. Regardless of the lack of change in RSP, the appellant claimed the benefit of the exemption, making the goods exempted for calculation purposes. - However, the Tribunal disagreed with the department's assertion that wrong assessment under self-assessment regime tantamounts to an intention to evade duty. It highlighted that the onus was on the department to prove the elements required for invoking the extended period of limitation. As the entire demand fell beyond the normal period of limitation, it was deemed time-barred and unsustainable.
Recovery of amount of CENVAT Credit short reversed/not paid by the Noticee - The Tribunal upheld the department's position, ruling that the goods cleared under the exemption notification should be considered exempted. Regardless of the lack of change in RSP, the appellant claimed the benefit of the exemption, making the goods exempted for calculation purposes. - However, the Tribunal disagreed with the department's assertion that wrong assessment under self-assessment regime tantamounts to an intention to evade duty. It highlighted that the onus was on the department to prove the elements required for invoking the extended period of limitation. As the entire demand fell beyond the normal period of limitation, it was deemed time-barred and unsustainable.
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