Appeal allows marketing payments as deductible business expenses under Sec.37; director pay retained; R&D deductible from certificate date under Sec.3...
Registration under s.12AB upheld; CIT(Exemptions) exceeded jurisdiction by deciding taxability instead of preliminary verification and registration di...
Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
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CESTAT allowed the appeals of the anonymized appellants and dismissed the Revenue's appeal. The Tribunal found that Condition No. 47A of Notification No. 06/2002-C.E., as amended by N/N. 47/2002, was complied with by production of a district magistrate's certificate evidencing intended use of the pipes in a sanctioned water supply scheme; accordingly the assessee was entitled to exemption. A demand under Section 11D was held unsustainable because the goods were exempted and invoices did not separately reflect duty; prior Tribunal precedent applicable to the facts was followed. Consequentially, demands and penalties against the appellant-entity and its senior officer were set aside.
CESTAT allowed the appeals of the anonymized appellants and dismissed the Revenue's appeal. The Tribunal found that Condition No. 47A of Notification No. 06/2002-C.E., as amended by N/N. 47/2002, was complied with by production of a district magistrate's certificate evidencing intended use of the pipes in a sanctioned water supply scheme; accordingly the assessee was entitled to exemption. A demand under Section 11D was held unsustainable because the goods were exempted and invoices did not separately reflect duty; prior Tribunal precedent applicable to the facts was followed. Consequentially, demands and penalties against the appellant-entity and its senior officer were set aside.
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