Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
HC upheld the Department's right to proceed with CENVAT credit assessment despite quashed show cause notice. The initial ruling specifically permitted authorities to continue proceedings to exclude value of free materials used by Assessee, following established precedent. Both adjudicating authority and CESTAT erred in interpreting that quashed SCN precluded adjudication of other demands. The Court clarified that remaining demands require factual adjudication per law, emphasizing that original Division Bench order explicitly allowed Department to proceed with value exclusion determination under Central Excise Act provisions.
HC upheld the Department's right to proceed with CENVAT credit assessment despite quashed show cause notice. The initial ruling specifically permitted authorities to continue proceedings to exclude value of free materials used by Assessee, following established precedent. Both adjudicating authority and CESTAT erred in interpreting that quashed SCN precluded adjudication of other demands. The Court clarified that remaining demands require factual adjudication per law, emphasizing that original Division Bench order explicitly allowed Department to proceed with value exclusion determination under Central Excise Act provisions.
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