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...
Service tax demand based solely on Form 26AS was unsustainable because taxability had to be determined from the statute, relevant records and exemption materials, not inferred from third-party information. The Court held that the authorities failed to examine the plea that the receipts related to government works contracts covered by exemption and therefore did not establish any taxable liability under the Finance Act, 1994. It also held that the extended limitation period could be invoked only on the statutory grounds of fraud, suppression or intent to evade, none of which were properly found. The writ petition was maintainable despite an alternative appeal remedy because the impugned proceedings suffered from jurisdictional error and patent legal infirmity, and the demand, interest and penalty were quashed.
Service tax demand based solely on Form 26AS was unsustainable because taxability had to be determined from the statute, relevant records and exemption materials, not inferred from third-party information. The Court held that the authorities failed to examine the plea that the receipts related to government works contracts covered by exemption and therefore did not establish any taxable liability under the Finance Act, 1994. It also held that the extended limitation period could be invoked only on the statutory grounds of fraud, suppression or intent to evade, none of which were properly found. The writ petition was maintainable despite an alternative appeal remedy because the impugned proceedings suffered from jurisdictional error and patent legal infirmity, and the demand, interest and penalty were quashed.
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