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...
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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