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...
Purchase and resale of cargo space by a freight forwarder on its own account was held to be a principal-to-principal trading transaction, not an intermediary or composite taxable service. The Tribunal found that mere markup between buying and selling prices did not prove rendition of Business Support Service or any other service, and the alleged local transportation, cargo handling, labour and facilitation services were unsupported by evidence. It also noted that the appellant bore the risk of unsold space and acted as principal, consistent with the departmental clarification that such activity is not intermediary service. The surplus from resale was treated as business income from trading in space, so the service tax, interest and penalties were set aside.
Purchase and resale of cargo space by a freight forwarder on its own account was held to be a principal-to-principal trading transaction, not an intermediary or composite taxable service. The Tribunal found that mere markup between buying and selling prices did not prove rendition of Business Support Service or any other service, and the alleged local transportation, cargo handling, labour and facilitation services were unsupported by evidence. It also noted that the appellant bore the risk of unsold space and acted as principal, consistent with the departmental clarification that such activity is not intermediary service. The surplus from resale was treated as business income from trading in space, so the service tax, interest and penalties were set aside.
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