Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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Minimum Average Balance maintained by bank customers was treated as a contractual condition, not consideration for banking services, so the service tax demand on that basis was contrary to the Finance Act and the Supreme Court's approach in Bhayana Builders. The text also notes that the Board's circulars required a sufficient nexus between the promise and any benefit received by the bank, and that identical GST proceedings against another bank were dropped on the same reasoning. On writ maintainability, the challenge to show-cause notices raised a pure question of law and jurisdictional facts, so the alternative-remedy objection was rejected and the notices were quashed.
Minimum Average Balance maintained by bank customers was treated as a contractual condition, not consideration for banking services, so the service tax demand on that basis was contrary to the Finance Act and the Supreme Court's approach in Bhayana Builders. The text also notes that the Board's circulars required a sufficient nexus between the promise and any benefit received by the bank, and that identical GST proceedings against another bank were dropped on the same reasoning. On writ maintainability, the challenge to show-cause notices raised a pure question of law and jurisdictional facts, so the alternative-remedy objection was rejected and the notices were quashed.
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