Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
For an SEZ unit claiming refund of service tax on input services used for authorised operations, the SEZ Act's exemption scheme prevails over service tax notifications issued under the Finance Act, 1994. The Tribunal applied the settled position that section 26 of the SEZ Act and the SEZ Rules govern the exemption, and that inconsistent notification-based restrictions cannot be imposed on SEZ refunds. Accordingly, the one-year limitation in the service tax notifications was held inapplicable, the rejection as time-barred was set aside, and the refund appeal succeeded with consequential relief.
For an SEZ unit claiming refund of service tax on input services used for authorised operations, the SEZ Act's exemption scheme prevails over service tax notifications issued under the Finance Act, 1994. The Tribunal applied the settled position that section 26 of the SEZ Act and the SEZ Rules govern the exemption, and that inconsistent notification-based restrictions cannot be imposed on SEZ refunds. Accordingly, the one-year limitation in the service tax notifications was held inapplicable, the rejection as time-barred was set aside, and the refund appeal succeeded with consequential relief.
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