Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
For the pre-14.05.2015 period, service tax valuation under Section 67 of the Finance Act, 1994 was confined to the consideration charged for the taxable service and could not be expanded to losses or unrecovered expenditure. The Court noted that Rule 5(1) of the Service Tax (Determination of Value) Rules, 2006 had already been held ultra vires Section 67, and that the amendment treating reimbursable expenditure as part of 'consideration' operated only prospectively from 14.05.2015. As the show cause notice covered an earlier period, the demand based on Rule 5(1) was untenable and was quashed as without jurisdiction.
For the pre-14.05.2015 period, service tax valuation under Section 67 of the Finance Act, 1994 was confined to the consideration charged for the taxable service and could not be expanded to losses or unrecovered expenditure. The Court noted that Rule 5(1) of the Service Tax (Determination of Value) Rules, 2006 had already been held ultra vires Section 67, and that the amendment treating reimbursable expenditure as part of 'consideration' operated only prospectively from 14.05.2015. As the show cause notice covered an earlier period, the demand based on Rule 5(1) was untenable and was quashed as without jurisdiction.
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