Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
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...
No duty was payable on free warranty replacement inputs where the value of warranty was already embedded in the final product and the cleared goods fell within the scope of inputs used for providing free warranty under Notification No. 3/2011-CE (NT). The Tribunal held that the appellant's differential treatment between removed inputs and manufactured goods did not justify a duty demand, and the demand was unsustainable. On debit notes raised for repair charges on damaged inputs, the Tribunal found no evidence that the inputs were not subsequently used in manufacture; in the absence of proof of non-use, CENVAT credit remained admissible and duty could not be demanded on that basis. The impugned order was set aside and the appeal allowed.
No duty was payable on free warranty replacement inputs where the value of warranty was already embedded in the final product and the cleared goods fell within the scope of inputs used for providing free warranty under Notification No. 3/2011-CE (NT). The Tribunal held that the appellant's differential treatment between removed inputs and manufactured goods did not justify a duty demand, and the demand was unsustainable. On debit notes raised for repair charges on damaged inputs, the Tribunal found no evidence that the inputs were not subsequently used in manufacture; in the absence of proof of non-use, CENVAT credit remained admissible and duty could not be demanded on that basis. The impugned order was set aside and the appeal allowed.
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