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...
The CESTAT partly allowed the appeal. The Tribunal held that preferential location charges formed part of the construction service and are eligible for abatement, setting aside a demand of Rs.37,89,467. A demand of Rs.13,15,163 for service tax on commission/consultancy income was confirmed (net payable subject to adjustment against Rs.65 lakh paid during investigation), with interest and 10% penalty leviable thereon. Demands of Rs.19.65 lakh (reverse charge) and Rs.52.99 lakh (period 01-07-2010 to 31-03-2012) were set aside as revenue-neutral or time-barred; invocation of extended limitation was rejected. Penalties against the directors under Sections 78A and 77(1)(c)(3) were vacated. Appeal allowed in part.
The CESTAT partly allowed the appeal. The Tribunal held that preferential location charges formed part of the construction service and are eligible for abatement, setting aside a demand of Rs.37,89,467. A demand of Rs.13,15,163 for service tax on commission/consultancy income was confirmed (net payable subject to adjustment against Rs.65 lakh paid during investigation), with interest and 10% penalty leviable thereon. Demands of Rs.19.65 lakh (reverse charge) and Rs.52.99 lakh (period 01-07-2010 to 31-03-2012) were set aside as revenue-neutral or time-barred; invocation of extended limitation was rejected. Penalties against the directors under Sections 78A and 77(1)(c)(3) were vacated. Appeal allowed in part.
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