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...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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Service tax under reverse charge applies to royalty paid by a mining lessee for the right to use natural resources after 1 April 2016, when Government services to business entities were removed from the negative list. The text treats royalty as contractual consideration for mineral rights rather than a tax. It explains that the small service provider threshold exemption is unavailable where tax is payable by the service recipient under reverse charge. It further addresses extended limitation and penalties, stating that failure to register, pay tax and file returns despite contemporaneous departmental clarification may constitute deliberate suppression with intent to evade tax, supporting the extended period, interest and penalties for suppression, non-registration and non-filing.
Service tax under reverse charge applies to royalty paid by a mining lessee for the right to use natural resources after 1 April 2016, when Government services to business entities were removed from the negative list. The text treats royalty as contractual consideration for mineral rights rather than a tax. It explains that the small service provider threshold exemption is unavailable where tax is payable by the service recipient under reverse charge. It further addresses extended limitation and penalties, stating that failure to register, pay tax and file returns despite contemporaneous departmental clarification may constitute deliberate suppression with intent to evade tax, supporting the extended period, interest and penalties for suppression, non-registration and non-filing.
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