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 adjudicated a service tax dispute involving reimbursable expenses and business auxiliary services. The tribunal ruled in favor of the appellant, finding no valid basis for service tax levy on reimbursable expenses, consistent with SC precedent. The department's attempt to demand tax based on profit and loss account entries without demonstrating actual service consideration was rejected. Additionally, the tribunal found no evidence of intentional tax evasion, thereby invalidating extended limitation period and penalties. The appeal was allowed, effectively quashing the original tax demands and establishing that mere accounting entries cannot constitute taxable service under the Finance Act, 1994.
CESTAT adjudicated a service tax dispute involving reimbursable expenses and business auxiliary services. The tribunal ruled in favor of the appellant, finding no valid basis for service tax levy on reimbursable expenses, consistent with SC precedent. The department's attempt to demand tax based on profit and loss account entries without demonstrating actual service consideration was rejected. Additionally, the tribunal found no evidence of intentional tax evasion, thereby invalidating extended limitation period and penalties. The appeal was allowed, effectively quashing the original tax demands and establishing that mere accounting entries cannot constitute taxable service under the Finance Act, 1994.
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