Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
Eligibility of CENVAT credit on various input services, write-off of obsolete items, rental charges for EOU, credit taken without documents, and the applicability of time limitation and penalties. The key points are: Prior to 01.04.2011, the appellant is eligible for credit on services like outdoor catering, courier, civil construction, logistics, customs agent, and insurance services as they fall under the inclusive definition of input services. After 01.04.2011, credit on outdoor catering, civil construction, and insurance services is ineligible, and the appellant has reversed the credit. The demand for write-off of obsolete items is set aside before 01.03.2011 but sustained after that date, with the appellant reversing Rs. 27,36,474/-. The demand on rental charges for EOU is upheld as the appellant is not contesting it. The demand alleging common use of input services for DTA and EOU units cannot be sustained based on the Dashion Ltd. case. The denial of credit transferred from the de-bonded EOU to the DTA unit without documents is set aside, following the Wipro Ltd. case and the appellant's own case before the High Court. Considering the interpretational nature of issues and lack of suppression, the extended period and penalties are set aside. The appeal is allowed in.
Eligibility of CENVAT credit on various input services, write-off of obsolete items, rental charges for EOU, credit taken without documents, and the applicability of time limitation and penalties. The key points are: Prior to 01.04.2011, the appellant is eligible for credit on services like outdoor catering, courier, civil construction, logistics, customs agent, and insurance services as they fall under the inclusive definition of input services. After 01.04.2011, credit on outdoor catering, civil construction, and insurance services is ineligible, and the appellant has reversed the credit. The demand for write-off of obsolete items is set aside before 01.03.2011 but sustained after that date, with the appellant reversing Rs. 27,36,474/-. The demand on rental charges for EOU is upheld as the appellant is not contesting it. The demand alleging common use of input services for DTA and EOU units cannot be sustained based on the Dashion Ltd. case. The denial of credit transferred from the de-bonded EOU to the DTA unit without documents is set aside, following the Wipro Ltd. case and the appellant's own case before the High Court. Considering the interpretational nature of issues and lack of suppression, the extended period and penalties are set aside. The appeal is allowed in.
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