Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
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Maintenance or repair services rendered by one division of the same organisation to its sister divisions were treated as services within a single legal entity, not as services provided to another person for service tax purposes. The transfer of cost through debit notes did not change that character, because the recipient divisions formed part of the same organisation and the charges were embedded in their own cost structure. The Tribunal also noted revenue neutrality, as any tax paid and recovered would be available as credit to the recipient units. Applying Nirlon Ltd., the demand was held unsustainable and the related liabilities were set aside.
Maintenance or repair services rendered by one division of the same organisation to its sister divisions were treated as services within a single legal entity, not as services provided to another person for service tax purposes. The transfer of cost through debit notes did not change that character, because the recipient divisions formed part of the same organisation and the charges were embedded in their own cost structure. The Tribunal also noted revenue neutrality, as any tax paid and recovered would be available as credit to the recipient units. Applying Nirlon Ltd., the demand was held unsustainable and the related liabilities were set aside.
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