Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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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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