Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Upfront fee and excess spread income arising from securitization/sell-down of future receivables were held to be profits/interest from sale of receivables, with no underlying "service" element, and therefore not exigible to service tax under Business Support Service; the Department's challenge to dropping of these demands was not maintainable. Collection efficiency fee and sell-down servicing fee were accepted as taxable, and interest on delayed payment was upheld; however, this did not sustain the Revenue's appeal on merits. Alleged suppression was rejected since the material facts were already within departmental knowledge from an earlier notice, making invocation of the extended limitation period unjustified. Revenue's appeal was dismissed. - CESTAT
Upfront fee and excess spread income arising from securitization/sell-down of future receivables were held to be profits/interest from sale of receivables, with no underlying "service" element, and therefore not exigible to service tax under Business Support Service; the Department's challenge to dropping of these demands was not maintainable. Collection efficiency fee and sell-down servicing fee were accepted as taxable, and interest on delayed payment was upheld; however, this did not sustain the Revenue's appeal on merits. Alleged suppression was rejected since the material facts were already within departmental knowledge from an earlier notice, making invocation of the extended limitation period unjustified. Revenue's appeal was dismissed. - CESTAT
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