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...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
CESTAT partially allowed appeal concerning CENVAT credit disputes. Matter regarding CENVAT credit on Advice of Transfer Debit (ATD) remanded to original authority for reconsideration, following precedent that procedural lapses alone cannot justify credit denial when duty payment and equipment usage are verified. Interest and penalty determination linked to ATD credit admissibility also remanded. However, tribunal upheld denial of CENVAT credit on rent-a-cab services, with associated interest and penalties, following Bombay HC precedent that employee transportation constitutes personal service and cannot qualify as "input service" post April 2011 amendment. Original authority directed to reassess ATD-related credits while maintaining disallowance of rent-a-cab service credits.
CESTAT partially allowed appeal concerning CENVAT credit disputes. Matter regarding CENVAT credit on Advice of Transfer Debit (ATD) remanded to original authority for reconsideration, following precedent that procedural lapses alone cannot justify credit denial when duty payment and equipment usage are verified. Interest and penalty determination linked to ATD credit admissibility also remanded. However, tribunal upheld denial of CENVAT credit on rent-a-cab services, with associated interest and penalties, following Bombay HC precedent that employee transportation constitutes personal service and cannot qualify as "input service" post April 2011 amendment. Original authority directed to reassess ATD-related credits while maintaining disallowance of rent-a-cab service credits.
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