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...
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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