Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
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The CESTAT overturned the impugned order that classified the appellant's services as those of an 'intermediary' under Rule 2(f) of the Place of Provision of Services Rules, 2012, holding this classification unsustainable. The tribunal found that the appellant's provision of marketing, promotional, and after-sales services to its foreign parent entity constituted export of services under the relevant Export Rules, as the benefit of such services accrued outside India. Consequently, the denial of refund claims was set aside, and the appellant was held eligible for refund of Cenvat credit under Rule 5 of the Cenvat Credit Rules, 2004. The appeal was allowed, confirming the appellant's status as an exporter rather than an intermediary.
The CESTAT overturned the impugned order that classified the appellant's services as those of an 'intermediary' under Rule 2(f) of the Place of Provision of Services Rules, 2012, holding this classification unsustainable. The tribunal found that the appellant's provision of marketing, promotional, and after-sales services to its foreign parent entity constituted export of services under the relevant Export Rules, as the benefit of such services accrued outside India. Consequently, the denial of refund claims was set aside, and the appellant was held eligible for refund of Cenvat credit under Rule 5 of the Cenvat Credit Rules, 2004. The appeal was allowed, confirming the appellant's status as an exporter rather than an intermediary.
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