International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Whether services rendered were taxable: Tribunal held that training for competitive exams, given by an organization operating for bona fide charitable purposes and registered under s.12AA, did not constitute "commercial coaching" because receipts were applied to charitable upliftment and revenue did not dispute charitable activities - training not taxable. Renting of immovable property was not held to be a taxable service where absence of fixed tariff, use of premises for community programmes, and application of receipts to charitable objects negated a commercial renting service - renting not taxable. Miscellaneous receipts lacked cogent evidentiary basis to levy duty and were shown to fund charity - not taxable. Invocation of extended limitation was unsustainable in absence of malafide or suppression. Impugned order quashed and appeal allowed. - CESTAT
Whether services rendered were taxable: Tribunal held that training for competitive exams, given by an organization operating for bona fide charitable purposes and registered under s.12AA, did not constitute "commercial coaching" because receipts were applied to charitable upliftment and revenue did not dispute charitable activities - training not taxable. Renting of immovable property was not held to be a taxable service where absence of fixed tariff, use of premises for community programmes, and application of receipts to charitable objects negated a commercial renting service - renting not taxable. Miscellaneous receipts lacked cogent evidentiary basis to levy duty and were shown to fund charity - not taxable. Invocation of extended limitation was unsustainable in absence of malafide or suppression. Impugned order quashed and appeal allowed. - CESTAT
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