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...
CESTAT ruled that services rendered prior to 30.06.2012 are correctly classifiable as 'Commercial or Industrial Construction Service' (CICS), entitling the appellant to abatement. For the period post 01.07.2012, services were appropriately classified as 'works contract service', with valuation under Rule 2(A)(ii) being valid. The tribunal set aside demands raised under extended limitation period, finding no intentional tax evasion. The department's order was quashed as it exceeded the show cause notice's scope, violating principles of natural justice. Consequently, the appeal was allowed, with no penalties imposed.
CESTAT ruled that services rendered prior to 30.06.2012 are correctly classifiable as 'Commercial or Industrial Construction Service' (CICS), entitling the appellant to abatement. For the period post 01.07.2012, services were appropriately classified as 'works contract service', with valuation under Rule 2(A)(ii) being valid. The tribunal set aside demands raised under extended limitation period, finding no intentional tax evasion. The department's order was quashed as it exceeded the show cause notice's scope, violating principles of natural justice. Consequently, the appeal was allowed, with no penalties imposed.
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TaxTMI 
TaxTMI 
of 4918 
