The Tribunal held that reopening beyond three years requires escaped income in the form of an asset. Since bogus purchases are revenue items, the reassessment was declared invalid.
The case involved an addition based on AIR information regarding a property transaction. The Tribunal deleted the addition after finding that the assessee’s documentary evidence remained unchallenged by the department.
The tribunal held that the safe harbour limit applies to valuation determined by the DVO, not just stamp duty value. It ruled in favour of the assessee as the variation was within 10%.
The court held that granting status quo over the full property was disproportionate to the plaintiff’s limited claim. It set aside the injunction for failing to consider balance of convenience.
The Tribunal held that delay due to lack of awareness and administrative oversight constituted sufficient cause. It set aside the rejection as the condonation request was not considered and remanded the case.
Tribunal examined whether assembly of RLMS units under a turnkey contract constituted manufacture. It held that on-site assembly and integration of components did not result in excisable goods. The ruling clarifies that such project-based activities are not liable to excise duty.
The Tribunal examined whether fund transfers to overseas branches constituted taxable services. It found no evidence of any service being rendered or received in India. The ruling held that mere transfer of funds for operational expenses does not attract service tax.
The tribunal held that default arose after valid invocation of the corporate guarantee and non-payment within the notice period. It ruled that the Section 7 petition was within limitation and debt and default were established.
The tribunal held that alleged disputes on quality were raised only after the demand notice and lacked prior evidence. It admitted the petition after finding operational debt and default clearly established.
The court held that amounts received under interim orders cannot be taxed as income when the dispute is unresolved. Taxability arises only after final adjudication crystallizes the right.
