Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
CESTAT remanded the dispute to the original adjudicating authority for fresh determination on the levy of service tax on renting of immovable property in light of the Supreme Court's decision, holding the issue unresolved for the affected tenants. The Tribunal upheld the confirmed demand relating to miscellaneous receipts, finding the appellant failed to substantiate that such receipts were non-taxable (e.g., scrap sales, interest) and sustained the demand with interest and penalty. The Tribunal also sustained the demand arising from discrepancies between the CENVAT Credit Register and ST-3 entries, finding absence of tax-paying documents to support claimed credit. Appeal partly allowed; matters remitted for recomputation and fresh adjudication.
CESTAT remanded the dispute to the original adjudicating authority for fresh determination on the levy of service tax on renting of immovable property in light of the Supreme Court's decision, holding the issue unresolved for the affected tenants. The Tribunal upheld the confirmed demand relating to miscellaneous receipts, finding the appellant failed to substantiate that such receipts were non-taxable (e.g., scrap sales, interest) and sustained the demand with interest and penalty. The Tribunal also sustained the demand arising from discrepancies between the CENVAT Credit Register and ST-3 entries, finding absence of tax-paying documents to support claimed credit. Appeal partly allowed; matters remitted for recomputation and fresh adjudication.
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