Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assess...
Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Lease of the closed sugar factory premises was treated as renting of factory premises, not mere leasing of land, so service tax liability was upheld on merits and PSU status did not confer any exemption. However, the Tribunal found no suppression with intent to evade because the levy on renting of immovable property was under judicial uncertainty, no tax had been collected from lessees, and no deliberate evasion was shown. As the notice was issued before insertion of section 73(2A) and retrospective operation was not established, the extended period could not be invoked and the normal-period demand also fell. The entire demand was set aside as time-barred.
Lease of the closed sugar factory premises was treated as renting of factory premises, not mere leasing of land, so service tax liability was upheld on merits and PSU status did not confer any exemption. However, the Tribunal found no suppression with intent to evade because the levy on renting of immovable property was under judicial uncertainty, no tax had been collected from lessees, and no deliberate evasion was shown. As the notice was issued before insertion of section 73(2A) and retrospective operation was not established, the extended period could not be invoked and the normal-period demand also fell. The entire demand was set aside as time-barred.
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