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 held that the Revenue could not invoke the extended period of limitation and that penalty under Section 78 was unsustainable, dismissing the appeal. The Tribunal found prior adjudication by an earlier SCN and failure by Revenue to issue a timely Statement of Demand under Section 73A, precluding issuance of a subsequent SCN for the same issue; there was no evidence of deliberate suppression or mala fide conduct by the Appellant to evade tax. Consequently the extended limitation period could not be availed and attendant penalties were set aside; the appeal lacked merit and was dismissed.
CESTAT held that the Revenue could not invoke the extended period of limitation and that penalty under Section 78 was unsustainable, dismissing the appeal. The Tribunal found prior adjudication by an earlier SCN and failure by Revenue to issue a timely Statement of Demand under Section 73A, precluding issuance of a subsequent SCN for the same issue; there was no evidence of deliberate suppression or mala fide conduct by the Appellant to evade tax. Consequently the extended limitation period could not be availed and attendant penalties were set aside; the appeal lacked merit and was dismissed.
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