Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
CESTAT upheld the Original Authority's determination that the appellant qualifies as a "new industrial unit" under Para 5(a) of Notification No.20/2007-C.E., concluding the unit commenced commercial production w.e.f. 31.03.2017. The Tribunal rejected the revenue's continuity theory equating the appellant with the pre-existing unit, finding distinct operational setups and no evidentiary basis to treat them as identical; the appellant's establishment at a location approved by the competent State Committee further corroborated its status. Because the appellant falls within the first category of the Notification, the 25% expansion precondition is inapplicable. Consequently, the appellant is entitled to the ten-year exemption under Notification No.20/2007-C.E.; appeal disposed.
CESTAT upheld the Original Authority's determination that the appellant qualifies as a "new industrial unit" under Para 5(a) of Notification No.20/2007-C.E., concluding the unit commenced commercial production w.e.f. 31.03.2017. The Tribunal rejected the revenue's continuity theory equating the appellant with the pre-existing unit, finding distinct operational setups and no evidentiary basis to treat them as identical; the appellant's establishment at a location approved by the competent State Committee further corroborated its status. Because the appellant falls within the first category of the Notification, the 25% expansion precondition is inapplicable. Consequently, the appellant is entitled to the ten-year exemption under Notification No.20/2007-C.E.; appeal disposed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
