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...
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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