Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
The CESTAT held that the extended period of limitation could not be invoked against the appellant, as the service tax liability on food and beverages was under judicial consideration during the relevant period, granting the appellant the benefit of the doubt. The Department's delayed communication was deemed a deliberate attempt to unjustifiably extend the limitation period. There was no evidence of suppression or intent to evade tax by the appellant, who had cooperated fully. Precedents emphasize the necessity of a prima facie finding of willful suppression or fraud to invoke extended limitation. Consequently, the show cause notice was held time-barred, the impugned order was set aside, and the appeal allowed without adjudicating on merits.
The CESTAT held that the extended period of limitation could not be invoked against the appellant, as the service tax liability on food and beverages was under judicial consideration during the relevant period, granting the appellant the benefit of the doubt. The Department's delayed communication was deemed a deliberate attempt to unjustifiably extend the limitation period. There was no evidence of suppression or intent to evade tax by the appellant, who had cooperated fully. Precedents emphasize the necessity of a prima facie finding of willful suppression or fraud to invoke extended limitation. Consequently, the show cause notice was held time-barred, the impugned order was set aside, and the appeal allowed without adjudicating on merits.
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