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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...
CESTAT Chennai addressed the demand of service tax on upfront charges for Extended Warranty Scheme (EWS) and used car scheme. Pre-01.07.2012, the tribunal held that demand u/s 65(105)(zo) for repair services cannot sustain as repair involves materials and service. Post-01.07.2012, EWS falls u/s 65B(44) & Section 66E(e) as creating an obligation, not actual repair. It's not Works Contract Service (WCS) but a declared service. Appellant acted in good faith, so penalties were set aside. The demand for the extended period was also set aside. Impugned order modified, appeals partly allowed.
CESTAT Chennai addressed the demand of service tax on upfront charges for Extended Warranty Scheme (EWS) and used car scheme. Pre-01.07.2012, the tribunal held that demand u/s 65(105)(zo) for repair services cannot sustain as repair involves materials and service. Post-01.07.2012, EWS falls u/s 65B(44) & Section 66E(e) as creating an obligation, not actual repair. It's not Works Contract Service (WCS) but a declared service. Appellant acted in good faith, so penalties were set aside. The demand for the extended period was also set aside. Impugned order modified, appeals partly allowed.
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