The entire demand of excise duty, interest, and penalties for alleging that assessee was merely a proxy entity created by Noble Industries to fraudulently extend the exemption period beyond its permissible tenure was set aside as exemption notification and CBEC Circulars expressly permitted manufacture of new products, relocation of eligible units within notified areas, and transfer of ownership without affecting exemption eligibility.
Transfer Pricing Officer (TPO) had wrongly recharacterised Boeing India Defense Private Limited as a full-risk service provider despite the Associated Enterprise (AE) assuming the entire contractual and operational risks relating to defence support services rendered to the Indian Air Force (IAF).
Works contracts for government buildings and educational institutions remain a highly litigated area therefore, merely relying upon Form 26AS data and illegal invocation of the extended period of limitation under Section 73(1) of the Finance Act, 1994 was not justified.
The Punjab and Haryana High Court set aside a GST demand order after holding that service through affixation without exhausting other statutory modes violated Section 169 of the CGST Act. The ruling emphasizes strict compliance with notice service requirements before raising tax demands.
The Tribunal upheld disallowance of deduction under Section 80GGC after finding the political donation lacked genuineness. The ruling highlights that payments through banking channels alone cannot establish a valid deduction when surrounding facts indicate accommodation entries.
The Tribunal ruled that addition of alleged undisclosed income could not be sustained merely on the basis of WhatsApp chats without supporting enquiry or evidence. It held that the department failed to establish any actual transaction involving the assessee.
The Tribunal quashed the assessment after finding that crucial JSK Server data, screenshots, and investigation records were never provided to the assessee. The ruling reiterates that additions based on undisclosed evidence violate principles of natural justice.
The Bombay High Court quashed a GST registration cancellation order after finding that the show cause notice contained no reasons. The Court held that orders lacking reasons violate principles of natural justice and are legally unsustainable.
ITAT Mumbai held that a company engaged in publishing platforms, software solutions, and product development could not be compared with a limited-risk captive ITES service provider. Exclusion of the comparable eliminated the transfer pricing adjustment.
The CESTAT Mumbai held that placement fees collected from students by educational institutions are not taxable under manpower recruitment service. The Tribunal ruled that no consideration flowed from employers, which is essential under the charging provision.
