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Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
The respondent denied Input Tax Credit (ITC) to the petitioner based on alleged purchase of goods under HSN 85171110, non-payment to creditors exceeding 180 days, and payments made to statutory auditors. The court held that the respondent failed to consider the petitioner's reply and confirmed the audit observations without providing a reasonable opportunity. Regarding payments to auditors, the show cause notice did not require producing invoices, which the petitioner has now submitted, necessitating reconsideration. On the alleged purchase of goods, the petitioner asserted dealing with online recharge coupons, not mobile phones, and had provided extensive documents during the audit, warranting reconsideration. Concerning non-payment to creditors, the petitioner clarified having only one creditor with a three-day credit period, and no evidence of non-payment beyond 180 days was presented. The impugned order was set aside, and the matter remanded for reconsideration by the respondent after providing a reasonable opportunity and personal hearing to the petitioner within three months.
The respondent denied Input Tax Credit (ITC) to the petitioner based on alleged purchase of goods under HSN 85171110, non-payment to creditors exceeding 180 days, and payments made to statutory auditors. The court held that the respondent failed to consider the petitioner's reply and confirmed the audit observations without providing a reasonable opportunity. Regarding payments to auditors, the show cause notice did not require producing invoices, which the petitioner has now submitted, necessitating reconsideration. On the alleged purchase of goods, the petitioner asserted dealing with online recharge coupons, not mobile phones, and had provided extensive documents during the audit, warranting reconsideration. Concerning non-payment to creditors, the petitioner clarified having only one creditor with a three-day credit period, and no evidence of non-payment beyond 180 days was presented. The impugned order was set aside, and the matter remanded for reconsideration by the respondent after providing a reasonable opportunity and personal hearing to the petitioner within three months.
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