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 upheld that the appellant is liable to service tax for site formation, clearance, excavation, earthmoving and demolition services for the period 2008-09 to 30.06.2012, rejecting its works-contract classification argument and denial of liability. The Tribunal affirmed denial of exemption under the relevant notification for lack of contractual evidence and sustained invocation of the extended period, finding wilful evasion and rejecting bona fide ignorance. CESTAT partially set aside penalties (reducing the penalty imposed under Section 78 to the limited extent specified) but did not disturb demands acknowledged by the appellant. The Tribunal remitted the balance of duty, interest and penalties to the adjudicating authority for de novo adjudication with limited legal observations; appeal allowed in part.
CESTAT upheld that the appellant is liable to service tax for site formation, clearance, excavation, earthmoving and demolition services for the period 2008-09 to 30.06.2012, rejecting its works-contract classification argument and denial of liability. The Tribunal affirmed denial of exemption under the relevant notification for lack of contractual evidence and sustained invocation of the extended period, finding wilful evasion and rejecting bona fide ignorance. CESTAT partially set aside penalties (reducing the penalty imposed under Section 78 to the limited extent specified) but did not disturb demands acknowledged by the appellant. The Tribunal remitted the balance of duty, interest and penalties to the adjudicating authority for de novo adjudication with limited legal observations; appeal allowed in part.
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TaxTMI 
TaxTMI 
of 4918 
