Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
Demand on renting of immovable property was held partly time-barred as extended limitation was invoked without proving suppression with intent to evade; the portion beyond normal period was set aside, while the normal-period tax was confirmed and no penalty was imposed since tax and interest were already paid. Demand on management/business consultancy under RCM was rejected for want of evidence linking foreign currency expenses to taxable services and as revenue-neutral; the entire demand (raised only under extended period) was set aside. Commission paid for selling tea abroad was held exempt under the relevant notification without territorial restriction; demand was set aside. Royalty/licence fee and other remittance-related demands were set aside for limitation and lack of findings/evidence. All penalties were quashed under Section 73(3). - CESTAT
Demand on renting of immovable property was held partly time-barred as extended limitation was invoked without proving suppression with intent to evade; the portion beyond normal period was set aside, while the normal-period tax was confirmed and no penalty was imposed since tax and interest were already paid. Demand on management/business consultancy under RCM was rejected for want of evidence linking foreign currency expenses to taxable services and as revenue-neutral; the entire demand (raised only under extended period) was set aside. Commission paid for selling tea abroad was held exempt under the relevant notification without territorial restriction; demand was set aside. Royalty/licence fee and other remittance-related demands were set aside for limitation and lack of findings/evidence. All penalties were quashed under Section 73(3). - CESTAT
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