Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
Refund entitlement for zero-rated export services turns on a proper examination of the true nature of the transaction under the governing provisions. The HC held that the adjudicating authority failed to do so and also failed to consider the relevant circular on the effect of non-furnishing of a Letter of Undertaking. It accepted that omission to furnish an LUT/Bond is not an incurable defect and may be considered later for refund purposes. Because the character of the services and the refund claim based on the LUT were not addressed, the adjudication and appellate orders were quashed and the matter was remitted for fresh decision after permitting production of the LUT.
Refund entitlement for zero-rated export services turns on a proper examination of the true nature of the transaction under the governing provisions. The HC held that the adjudicating authority failed to do so and also failed to consider the relevant circular on the effect of non-furnishing of a Letter of Undertaking. It accepted that omission to furnish an LUT/Bond is not an incurable defect and may be considered later for refund purposes. Because the character of the services and the refund claim based on the LUT were not addressed, the adjudication and appellate orders were quashed and the matter was remitted for fresh decision after permitting production of the LUT.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
