The issue was whether compensation under BSNL VRS is taxable or fully exempt. The Tribunal held that the scheme effectively amounts to retrenchment, making the compensation exempt under Section 10(10B).
The issue was cancellation of GST registration for non-filing of returns. The Court held that proceedings may be dropped if pending returns are filed and dues are cleared, allowing restoration of registration.
The case involved reassessment triggered by a search conducted in 2022. The Court ruled that reopening beyond the 10-year statutory limit is not permissible.
The issue was condonation of delay in filing returns during CIRP. The SC dismissed the appeal as time-barred, leaving intact the ruling that delay must be condoned to give effect to the resolution plan.
The issue was whether mark-to-market gains on forward contracts are taxable before maturity. The Court held that such gains are not taxable as they are not real income until actually realized.
The case examined whether small compositional changes affect eligibility for exemption. The Tribunal ruled that even minor variations matter under tax law. The decision emphasizes strict compliance with notification conditions.
The issue was whether failure to refund investor funds is time-barred. The Court held it is a continuing offence, rejecting the limitation defence. The key takeaway is that non-compliance persists until repayment is made.
CESTAT Chennai held that proportionate Cenvat Credit reversal under Rule 6(3A) of the CENVAT Credit Rules applies only in case of common input services. The same cannot be applied to credit exclusively used in manufacture of dutiable goods. Accordingly, demand held as unsustainable.
The Court quashed the notice as it was based on a factually incorrect audit premise and lacked specific details. It held that vague notices violate natural justice and cannot sustain tax demands.
The judgment reiterates that additions under Section 68 cannot be based on presumptions or suspicion without supporting evidence. It held that the Assessing Officer must bring material on record before rejecting explanations.
