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...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
CESTAT ALLAHABAD held that refund claim for service tax under section 65 of Finance Act, 1994 was not time-barred as the relevant date for refund claim was the date of Order-In-Original, not payment date. No service tax liability existed, so no short payment occurred. Appellant's deposit remained unappropriated against tax liability. Citing Hon'ble Madras High Court decision, Commissioner (Appeal) allowed the refund claim. Revenue's appeal was dismissed as refund claim was timely filed.
CESTAT ALLAHABAD held that refund claim for service tax under section 65 of Finance Act, 1994 was not time-barred as the relevant date for refund claim was the date of Order-In-Original, not payment date. No service tax liability existed, so no short payment occurred. Appellant's deposit remained unappropriated against tax liability. Citing Hon'ble Madras High Court decision, Commissioner (Appeal) allowed the refund claim. Revenue's appeal was dismissed as refund claim was timely filed.
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