Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
CESTAT allowed the appeal and set aside the impugned order, holding that the service tax demand was unsustainable. The Tribunal found the demand rested solely on Form 26AS and third-party data without examination of reasons for variance, exemptions or abatements, and that the appellant had maintained records and sought rectification which remained undecided. The appellant qualified for SSI threshold exemption and filed nil returns accordingly; thus the department's presumption that differential receipts were taxable consideration was impermissible. Invocation of the extended period was held improper and the show-cause notice was time-barred. Consequently the demand and penalty were quashed and the appeal was allowed.
CESTAT allowed the appeal and set aside the impugned order, holding that the service tax demand was unsustainable. The Tribunal found the demand rested solely on Form 26AS and third-party data without examination of reasons for variance, exemptions or abatements, and that the appellant had maintained records and sought rectification which remained undecided. The appellant qualified for SSI threshold exemption and filed nil returns accordingly; thus the department's presumption that differential receipts were taxable consideration was impermissible. Invocation of the extended period was held improper and the show-cause notice was time-barred. Consequently the demand and penalty were quashed and the appeal was allowed.
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