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...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
CESTAT allowed appeal concerning CENVAT credit on input services under Rule 2(l) of CENVAT Credit Rules, 2004. Tribunal held that sales promotion and brand building services maintained direct nexus with manufacturing, qualifying for CENVAT credit. Extended limitation period was inapplicable as case involved interpretational issues of complex legal provisions. Penalty under Section 11AC and Rule 15 was invalid absent fraud or willful misstatement. Interest under Rule 14 and Section 11AA was not chargeable as conditions for erroneous credit availment were unmet. Tribunal set aside demands, interest, and penalties, noting ER-1 Returns format required only total CENVAT credit reflection, not category-wise breakdown.
CESTAT allowed appeal concerning CENVAT credit on input services under Rule 2(l) of CENVAT Credit Rules, 2004. Tribunal held that sales promotion and brand building services maintained direct nexus with manufacturing, qualifying for CENVAT credit. Extended limitation period was inapplicable as case involved interpretational issues of complex legal provisions. Penalty under Section 11AC and Rule 15 was invalid absent fraud or willful misstatement. Interest under Rule 14 and Section 11AA was not chargeable as conditions for erroneous credit availment were unmet. Tribunal set aside demands, interest, and penalties, noting ER-1 Returns format required only total CENVAT credit reflection, not category-wise breakdown.
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