Business deductions and transfer pricing issues: tribunal treatment of software write-offs, donation receipts, warranty provisions, and related expens...
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CESTAT allowed appeal concerning CENVAT credit disputes. Tribunal set aside demand of Rs.1,79,11,286 based on ST-3 returns and credit register differences, noting statutory compliance in utilizing 50% credit on capital goods. Demand of Rs.59,94,339 for input services was reversed as manpower services qualified as eligible inputs for telephonic services. Demand u/r 3(5A) for capital goods sold as scrap was invalidated as no CENVAT credit was originally claimed on pre-2004 goods. Extended limitation period was rejected considering regular ST-3 filing, departmental audits, and appellant's PSU status precluding mala fide intent. All demands were set aside and appeal was allowed in appellant's favor.
CESTAT allowed appeal concerning CENVAT credit disputes. Tribunal set aside demand of Rs.1,79,11,286 based on ST-3 returns and credit register differences, noting statutory compliance in utilizing 50% credit on capital goods. Demand of Rs.59,94,339 for input services was reversed as manpower services qualified as eligible inputs for telephonic services. Demand u/r 3(5A) for capital goods sold as scrap was invalidated as no CENVAT credit was originally claimed on pre-2004 goods. Extended limitation period was rejected considering regular ST-3 filing, departmental audits, and appellant's PSU status precluding mala fide intent. All demands were set aside and appeal was allowed in appellant's favor.
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