Transaction value rejection requires reliable corroboration; refundable VAT is excluded and temporary registration does not defeat new-vehicle exempti...
Appellate jurisdiction remains available where a wrist-worn gold ornament cannot conclusively be characterised as imported baggage at the preliminary ...
Written complaint requirement bars cognizance on police reports for securities offences, while unsupported breach of trust and cheating allegations fa...
The HC held that the departmental appeal was maintainable despite the monetary limit because the dispute raised a substantial question of law on whether the Barauni storage or discharge facility was incidental to pipeline transport or an independent taxable service. Reading the MOU with the statutory definition, the Court found that separate consideration was charged for the terminal facility and that, without storage at Barauni, the crude oil could not be moved to the next mode of transport. It rejected the contentions of self-service and double taxation, restored the Commissioner's order, and affirmed service tax, interest and penalties on the storage and warehousing service.
The HC held that the departmental appeal was maintainable despite the monetary limit because the dispute raised a substantial question of law on whether the Barauni storage or discharge facility was incidental to pipeline transport or an independent taxable service. Reading the MOU with the statutory definition, the Court found that separate consideration was charged for the terminal facility and that, without storage at Barauni, the crude oil could not be moved to the next mode of transport. It rejected the contentions of self-service and double taxation, restored the Commissioner's order, and affirmed service tax, interest and penalties on the storage and warehousing service.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
