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...
CESTAT allowed the appeal, holding that the appellant was eligible for benefits under N/N.12/2003-ST for outdoor catering services. The tribunal found no legal prohibition against availing multiple notifications and rejected the adjudicating authority's denial based on VAT assessment methods. The extended period of limitation was deemed improper due to absence of willful suppression or intent to evade tax. The demand for differential service tax, interest, and penalty was set aside, with the tribunal emphasizing that documentary proof provided by the appellant was sufficient and no evidence suggested deliberate tax evasion.
CESTAT allowed the appeal, holding that the appellant was eligible for benefits under N/N.12/2003-ST for outdoor catering services. The tribunal found no legal prohibition against availing multiple notifications and rejected the adjudicating authority's denial based on VAT assessment methods. The extended period of limitation was deemed improper due to absence of willful suppression or intent to evade tax. The demand for differential service tax, interest, and penalty was set aside, with the tribunal emphasizing that documentary proof provided by the appellant was sufficient and no evidence suggested deliberate tax evasion.
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TaxTMI 
TaxTMI 
of 4918 
