Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
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The High Court addressed the issue of linking services provided by a company to its separate registered units for taxation purposes under CENVAT Credit Rules. The court clarified that u/r 7, a manufacturer can distribute service tax credits among its units, subject to certain limitations. The court emphasized that there is no restriction on claiming input service tax paid at one unit for use in another unit. The court also noted that a company's divisions and units are not distinct legal entities. Furthermore, the court ruled that once a decision has been accepted by the department in a similar case, the issue cannot be re-litigated. The court highlighted that no provision allowed the issuance of a show cause notice for duty wrongly availed if it was rectified before the notice. Ultimately, the court dismissed the Revenue's appeal.
The High Court addressed the issue of linking services provided by a company to its separate registered units for taxation purposes under CENVAT Credit Rules. The court clarified that u/r 7, a manufacturer can distribute service tax credits among its units, subject to certain limitations. The court emphasized that there is no restriction on claiming input service tax paid at one unit for use in another unit. The court also noted that a company's divisions and units are not distinct legal entities. Furthermore, the court ruled that once a decision has been accepted by the department in a similar case, the issue cannot be re-litigated. The court highlighted that no provision allowed the issuance of a show cause notice for duty wrongly availed if it was rectified before the notice. Ultimately, the court dismissed the Revenue's appeal.
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