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...
Despatch money received under FOB export contracts for completing cargo loading before stipulated laytime was treated as a contractual incentive or commercial adjustment, not consideration for port services. Taxable value requires a direct nexus between an amount and a service rendered to another person. As loading was incidental to the export sale contract and there was no separate quick-loading service agreement or privity with the vessel owner, the despatch amount was not liable to service tax. The related service-tax demands were set aside, and consequential interest and penalties could not survive.
Despatch money received under FOB export contracts for completing cargo loading before stipulated laytime was treated as a contractual incentive or commercial adjustment, not consideration for port services. Taxable value requires a direct nexus between an amount and a service rendered to another person. As loading was incidental to the export sale contract and there was no separate quick-loading service agreement or privity with the vessel owner, the despatch amount was not liable to service tax. The related service-tax demands were set aside, and consequential interest and penalties could not survive.
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