Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
CESTAT held that subcontracted works executed for authorised operations in an SEZ qualified for Notification No. 4/2004-S.T. because the services were for consumption within the SEZ and had Development Commissioner approval; exemption could not be denied merely because the appellant acted as a sub-contractor, so that demand was set aside. It also held that no time limit governed availment of Cenvat credit during the relevant period, so denial on delay was unsustainable; however, the credit issue was remanded for verification of invoices, documentary eligibility and tax payment. Demands for works contract services rendered outside the SEZ, supply of tangible goods, and collected service tax on road work were sustained with interest, while limitation was upheld for the non-SEZ demand. Penalties were set aside pending fresh quantification.
CESTAT held that subcontracted works executed for authorised operations in an SEZ qualified for Notification No. 4/2004-S.T. because the services were for consumption within the SEZ and had Development Commissioner approval; exemption could not be denied merely because the appellant acted as a sub-contractor, so that demand was set aside. It also held that no time limit governed availment of Cenvat credit during the relevant period, so denial on delay was unsustainable; however, the credit issue was remanded for verification of invoices, documentary eligibility and tax payment. Demands for works contract services rendered outside the SEZ, supply of tangible goods, and collected service tax on road work were sustained with interest, while limitation was upheld for the non-SEZ demand. Penalties were set aside pending fresh quantification.
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