Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
Tax retained without a show cause notice was treated as illegal ab initio, because the amount had been paid only on departmental direction and no lawful demand or appropriation ever existed. The Tribunal also accepted that the assessee's annual receipts were below the taxable threshold, so no service tax was payable in the first place, and the earlier refusal of refund could not be sustained. Applying Supreme Court principles on delayed refunds, it held that statutory interest could not be postponed to the later refund order and directed interest at 6% per annum from the date of payment until refund, with the Revenue to compute and pay it.
Tax retained without a show cause notice was treated as illegal ab initio, because the amount had been paid only on departmental direction and no lawful demand or appropriation ever existed. The Tribunal also accepted that the assessee's annual receipts were below the taxable threshold, so no service tax was payable in the first place, and the earlier refusal of refund could not be sustained. Applying Supreme Court principles on delayed refunds, it held that statutory interest could not be postponed to the later refund order and directed interest at 6% per annum from the date of payment until refund, with the Revenue to compute and pay it.
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