Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
Third-party loose sheets require reliable nexus before supporting unexplained expenditure additions; presumptions do not establish payer identity or o...
TNMM comparability using audited accounts and working-capital adjustments can eliminate unwarranted transfer-pricing additions where verified margins ...
Gross-profit additions on disputed purchases require reasoned appellate determination; disclosed claims alone do not support inaccurate-particulars pe...
Limitation after transfer-pricing remand: fresh TPO reference did not extend the assessment deadline, rendering the consequential assessment time-barr...
Exemption from Service Tax - Road construction services in private commercial premises - The Tribunal analyzed the wording of Notification No. 24/2009 and its retrospective amendment introduced by the Finance Act, 2012. It noted that the notification did not specify that the exemption applied only to public utility roads. Referring to legal precedents, including the cases of Rajendra Singh Bhamboo and NMC Industries Private Ltd, the Tribunal affirmed that the exclusion clause in the definition of taxable services did not differentiate between private and public roads. Thus, the benefit of the exemption should extend to road construction services provided to commercial entities, as in the appellant's case.
Exemption from Service Tax - Road construction services in private commercial premises - The Tribunal analyzed the wording of Notification No. 24/2009 and its retrospective amendment introduced by the Finance Act, 2012. It noted that the notification did not specify that the exemption applied only to public utility roads. Referring to legal precedents, including the cases of Rajendra Singh Bhamboo and NMC Industries Private Ltd, the Tribunal affirmed that the exclusion clause in the definition of taxable services did not differentiate between private and public roads. Thus, the benefit of the exemption should extend to road construction services provided to commercial entities, as in the appellant's case.
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