Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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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