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...
Grant-in-aid received under a government scheme for setting up and modernising a rice milling unit was treated as reimbursement of capital expenditure already incurred, not as consideration for any taxable service. The Tribunal found no service provider-recipient relationship, no evidence of any knowhow or intellectual property being created and transferred, and no contractual counter-obligation arising from the grant conditions. In the absence of consideration for a service, the amount was held outside service tax under the Finance Act, 1994. The demand for tax, interest and penalty was therefore set aside, following earlier decisions treating grant-in-aid or reimbursement, without anything over and above the grant, as non-taxable.
Grant-in-aid received under a government scheme for setting up and modernising a rice milling unit was treated as reimbursement of capital expenditure already incurred, not as consideration for any taxable service. The Tribunal found no service provider-recipient relationship, no evidence of any knowhow or intellectual property being created and transferred, and no contractual counter-obligation arising from the grant conditions. In the absence of consideration for a service, the amount was held outside service tax under the Finance Act, 1994. The demand for tax, interest and penalty was therefore set aside, following earlier decisions treating grant-in-aid or reimbursement, without anything over and above the grant, as non-taxable.
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