Transfer-pricing aggregation of distinct support-service and subcontract transactions was rejected, while debt-free receivables attracted no notional ...
Customs exemptions cover photovoltaic assembly machinery and PVF backsheets, while fully declared cleared imports may avoid confiscation and penalties...
Specific tariff classification for LCD devices overrides treatment as electricity-meter parts, defeating differential duty, extended limitation, and p...
Stayed disciplinary punishment does not establish unfitness for insolvency professional registration; reconsideration must disregard mere pendency of ...
Indirect corporate control can create related-party status, excluding financial creditors from Committee of Creditors representation, participation an...
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The CESTAT held that a "deemed sale" under Article 366(29A)(d) of the Constitution had occurred when the appellant granted the right to use the brewery license to Skol/Sab Miller through the License Agreement. The consideration received by the appellant under the License Agreement cannot be subjected to service tax or clubbed with the consideration under the Lease Deed for "renting of immovable property" service. The Commissioner's findings to the contrary were set aside. The License Agreement and Lease Deed were separate documents, and merely because the Lease Deed mentioned procuring an endorsement/sub-license, it did not make the License Agreement an integral part of the Lease Deed. The License Agreement gave complete freedom to Skol/Sab Miller to operate the brewery without hindrance. The Commissioner's reasoning that no "sale" took place due to restrictions was incorrect, as a "deemed sale" under Article 366(29A)(d) is distinct from a regular "sale." Consequently, the impugned order passed by the Commissioner adjudicating the show cause notices was set aside.
The CESTAT held that a "deemed sale" under Article 366(29A)(d) of the Constitution had occurred when the appellant granted the right to use the brewery license to Skol/Sab Miller through the License Agreement. The consideration received by the appellant under the License Agreement cannot be subjected to service tax or clubbed with the consideration under the Lease Deed for "renting of immovable property" service. The Commissioner's findings to the contrary were set aside. The License Agreement and Lease Deed were separate documents, and merely because the Lease Deed mentioned procuring an endorsement/sub-license, it did not make the License Agreement an integral part of the Lease Deed. The License Agreement gave complete freedom to Skol/Sab Miller to operate the brewery without hindrance. The Commissioner's reasoning that no "sale" took place due to restrictions was incorrect, as a "deemed sale" under Article 366(29A)(d) is distinct from a regular "sale." Consequently, the impugned order passed by the Commissioner adjudicating the show cause notices was set aside.
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