Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Dominant issue: whether CENVAT credit was fraudulently availed. The Tribunal found invoice comparison errors by the lower authority but confirmed that input and output invoices related to different months and that the respondent produced only invoices without proof of payment or service tax remittance; under Rule 4(7) Cenvat Credit Rules, credit required proof of payment and tax liability. Fictitious suppliers and proxy personnel established fraudulent issuance of invoices and thus nullified the credit (fraud vitiates). Consequence: demand of Rs. 20,07,497 reinstated, impugned order set aside and appeal allowed. - CESTAT
Dominant issue: whether CENVAT credit was fraudulently availed. The Tribunal found invoice comparison errors by the lower authority but confirmed that input and output invoices related to different months and that the respondent produced only invoices without proof of payment or service tax remittance; under Rule 4(7) Cenvat Credit Rules, credit required proof of payment and tax liability. Fictitious suppliers and proxy personnel established fraudulent issuance of invoices and thus nullified the credit (fraud vitiates). Consequence: demand of Rs. 20,07,497 reinstated, impugned order set aside and appeal allowed. - CESTAT
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