Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
The case involved determining if certain companies were distinct legal entities or related persons under Sec.4(3)(b)(i) and (iv) of the Central Excise Act, 1944. The Appellate Tribunal found that the appellant's business interest in the group companies was not established, thus rejecting the contention that they were related persons. The Tribunal also held that the price set by the appellant based on prevailing market rates constituted the "Transaction Value" under Sec. 4(3)(d), and there was no evidence of any extra commercial considerations. Regarding the limitation period, it was ruled that the demand made after a year from the relevant date lacked evidence of intention to evade tax, rendering it barred by limitation. The demand of duty, interest, and penalty was deemed unsustainable, leading to the appeal being allowed.
The case involved determining if certain companies were distinct legal entities or related persons under Sec.4(3)(b)(i) and (iv) of the Central Excise Act, 1944. The Appellate Tribunal found that the appellant's business interest in the group companies was not established, thus rejecting the contention that they were related persons. The Tribunal also held that the price set by the appellant based on prevailing market rates constituted the "Transaction Value" under Sec. 4(3)(d), and there was no evidence of any extra commercial considerations. Regarding the limitation period, it was ruled that the demand made after a year from the relevant date lacked evidence of intention to evade tax, rendering it barred by limitation. The demand of duty, interest, and penalty was deemed unsustainable, leading to the appeal being allowed.
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