Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
Service tax assessment case involving suppression of taxable value by appellant in ST-3 returns. Demand raised along with interest and penalty on appellant and directors. Appellant eligible for 33% abatement on taxable value for construction services with supply of materials under Notification 01/2006. Extended period of limitation invoked incorrectly as appellant filed returns regularly without objections from department earlier. After allowing abatement, tax payable for normal period less than already paid, hence no additional demand sustainable. Consequently, interest and penalties on appellant and directors set aside by CESTAT.
Service tax assessment case involving suppression of taxable value by appellant in ST-3 returns. Demand raised along with interest and penalty on appellant and directors. Appellant eligible for 33% abatement on taxable value for construction services with supply of materials under Notification 01/2006. Extended period of limitation invoked incorrectly as appellant filed returns regularly without objections from department earlier. After allowing abatement, tax payable for normal period less than already paid, hence no additional demand sustainable. Consequently, interest and penalties on appellant and directors set aside by CESTAT.
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