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...
CESTAT, an Appellate Tribunal, addressed the valuation of services in a case involving transport/insurance charges received by the Appellant for the erection and installation of transmission towers. The Tribunal held that the separate consideration for installation and transportation/insurance charges indicated distinct and independent activities under the service contract. Referring to a precedent, it emphasized that services should not be classified as a single composite service if they are distinct and independent. The Tribunal also rejected the extended period of limitation, noting that the allegation of suppression of facts was incorrect. Consequently, the demand for service tax was deemed legally unsustainable, and the impugned order was set aside, allowing the appeal.
CESTAT, an Appellate Tribunal, addressed the valuation of services in a case involving transport/insurance charges received by the Appellant for the erection and installation of transmission towers. The Tribunal held that the separate consideration for installation and transportation/insurance charges indicated distinct and independent activities under the service contract. Referring to a precedent, it emphasized that services should not be classified as a single composite service if they are distinct and independent. The Tribunal also rejected the extended period of limitation, noting that the allegation of suppression of facts was incorrect. Consequently, the demand for service tax was deemed legally unsustainable, and the impugned order was set aside, allowing the appeal.
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