Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
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...
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The CESTAT allowed the appeal by way of remand to the Adjudicating Authority. The appellant raised new grounds in the miscellaneous application which were not considered by the authorities below. To uphold principles of natural justice, the matter was remanded to the Adjudicating Authority to consider the additional grounds raised by the appellant afresh on merits. The appellant had previously accepted the service tax liability by depositing the confirmed demand amount based on a Delhi High Court judgment. However, the CESTAT opined that the department should have an opportunity to contest the new grounds raised by the appellant which are purely legal issues.
The CESTAT allowed the appeal by way of remand to the Adjudicating Authority. The appellant raised new grounds in the miscellaneous application which were not considered by the authorities below. To uphold principles of natural justice, the matter was remanded to the Adjudicating Authority to consider the additional grounds raised by the appellant afresh on merits. The appellant had previously accepted the service tax liability by depositing the confirmed demand amount based on a Delhi High Court judgment. However, the CESTAT opined that the department should have an opportunity to contest the new grounds raised by the appellant which are purely legal issues.
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