The Tribunal examined whether interest recovery under Section 75 is subject to limitation. It held that limitation applicable to principal tax demand also applies to interest. The key takeaway is that interest cannot be recovered beyond prescribed time limits.
The Court examined whether claims not filed during CIRP can be pursued later. It held that such claims stand extinguished upon approval of the resolution plan. The key takeaway is that only claims included in the plan survive.
The Court examined whether delay in completing disciplinary inquiry invalidates proceedings. It held that Rule 14(24) timelines are directory and do not automatically nullify proceedings without proof of prejudice.
The Tribunal examined whether inputs were received in the factory before availing credit. It found no conclusive evidence supporting the department’s allegation. The key takeaway is that demands cannot be sustained on presumptions.
The Tribunal examined whether payments for flats were received post-completion. It directed verification of ledger records to determine tax liability. The key takeaway is that timing of receipts is crucial in construction service taxation.
The Tribunal examined taxability of receipts from electricity distribution activities. It held that such services, including ancillary activities, are exempt. The key takeaway is that bundled services inherit exemption of the principal activity.
The Tribunal examined whether addition under Section 68 could be made without seized evidence. It held that no addition is permissible in absence of incriminating material. The key takeaway is that search assessments must rely on concrete evidence.
The Tribunal examined whether waste and scrap from cable manufacturing are excisable. It held that such waste is not “manufactured goods” under law. The key takeaway is that non-manufactured by-products are not liable to duty.
The issue involved non-compliance with approval requirements for related party transactions. The authority held that absence of Board resolution violates Section 188. The key takeaway is that proper approvals are mandatory for such transactions.
The issue involved non-compliance with mandatory appointment of a Company Secretary. The authority imposed penalties for violation of Section 203. The takeaway is that eligible companies must appoint key managerial personnel without exception.
