Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Refund of unutilized CENVAT credit to a 100% EOU was denied on the ground that various specified input services lacked "direct nexus/essentiality" with exported output services. The forum held that courier, scientific/technical consultancy, air travel booking for business travel, cargo handling/CHA for export documentation and statutory compliances, cleaning/maintenance of business premises, life insurance (for the pre-amendment period Jan-Mar 2011), and club/association related services qualify as "input service" under Rule 2(l) of the CCR, 2004, having direct or indirect nexus with provision of output services and not being excluded prior to 01.04.2011; consequently, refund of the unutilized credit was admissible as per prescribed conditions, and the appeal was allowed - CESTAT
Refund of unutilized CENVAT credit to a 100% EOU was denied on the ground that various specified input services lacked "direct nexus/essentiality" with exported output services. The forum held that courier, scientific/technical consultancy, air travel booking for business travel, cargo handling/CHA for export documentation and statutory compliances, cleaning/maintenance of business premises, life insurance (for the pre-amendment period Jan-Mar 2011), and club/association related services qualify as "input service" under Rule 2(l) of the CCR, 2004, having direct or indirect nexus with provision of output services and not being excluded prior to 01.04.2011; consequently, refund of the unutilized credit was admissible as per prescribed conditions, and the appeal was allowed - CESTAT
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