Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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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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