Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
A pure question of law bearing on taxability could be raised before the Tribunal even if not taken earlier, as Rule 10 of the CESTAT (Procedure) Rules, 1982 permits additional grounds subject to hearing the other side. The service tax demand for April 2009 to June 2010 failed because it related to the same residential project already dealt with in the appellant's own case, where the earlier order had been set aside; the present demand had no surviving foundation and was also set aside. For July 2010 to March 2011, the demand under construction of complex service was unsustainable because the activity was composite in nature, as reflected by the abatement granted in the notice, and post-01.07.2010 such activity fell outside that category.
A pure question of law bearing on taxability could be raised before the Tribunal even if not taken earlier, as Rule 10 of the CESTAT (Procedure) Rules, 1982 permits additional grounds subject to hearing the other side. The service tax demand for April 2009 to June 2010 failed because it related to the same residential project already dealt with in the appellant's own case, where the earlier order had been set aside; the present demand had no surviving foundation and was also set aside. For July 2010 to March 2011, the demand under construction of complex service was unsustainable because the activity was composite in nature, as reflected by the abatement granted in the notice, and post-01.07.2010 such activity fell outside that category.
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