Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
The appellant received services classifiable as online information and database access or retrieval (OIDAR) services from outside India. As the recipient of such services, the appellant was held liable to pay service tax u/ss 66A and 68 of the Finance Act, 1994, read with Rule 2(1)(d)(iv) of the Service Tax Rules, 1994, for the period from October 1, 2006, to March 2008, along with interest u/s 75 of the Act. The demand for service tax and interest was upheld. However, the penalties imposed u/ss 76 and 77 of the Act were set aside, as there was no suppression of facts, and the demand arose due to interpretation of legal provisions. The appeals were partially allowed to the extent of setting aside the penalties.
The appellant received services classifiable as online information and database access or retrieval (OIDAR) services from outside India. As the recipient of such services, the appellant was held liable to pay service tax u/ss 66A and 68 of the Finance Act, 1994, read with Rule 2(1)(d)(iv) of the Service Tax Rules, 1994, for the period from October 1, 2006, to March 2008, along with interest u/s 75 of the Act. The demand for service tax and interest was upheld. However, the penalties imposed u/ss 76 and 77 of the Act were set aside, as there was no suppression of facts, and the demand arose due to interpretation of legal provisions. The appeals were partially allowed to the extent of setting aside the penalties.
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