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 allowed the appeal and set aside the service-tax demand. The Tribunal held that the appellant, a wholly government-owned and controlled autonomous unit funded by grant-in-aid and staffed by government employees to perform strategic R&D, does not qualify as a "business entity" under the statutory definition and is barred from commercial activity. The security service was rendered by CISF, a statutory Union body performing its sovereign duty to protect vital installations. Because the appellant does not carry on industry or commerce and is not a factory registrant, the CISF's security service to the appellant is not taxable; the Commissioner's finding of commercial activity was overturned.
CESTAT allowed the appeal and set aside the service-tax demand. The Tribunal held that the appellant, a wholly government-owned and controlled autonomous unit funded by grant-in-aid and staffed by government employees to perform strategic R&D, does not qualify as a "business entity" under the statutory definition and is barred from commercial activity. The security service was rendered by CISF, a statutory Union body performing its sovereign duty to protect vital installations. Because the appellant does not carry on industry or commerce and is not a factory registrant, the CISF's security service to the appellant is not taxable; the Commissioner's finding of commercial activity was overturned.
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