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...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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Indivisible turnkey ATM contracts comprising supply, installation, testing and commissioning for a single composite consideration cannot be split to levy service tax on a notional commissioning or installation component where the Finance Act, 1994 provided no charging or valuation mechanism for that segregation. The discussion applies the principle that pre-existing service-tax entries covered service contracts simpliciter and did not permit vivisection of composite contracts before the introduction of works contract service. Consequently, attributing part of the composite consideration to commissioning or installation lacked statutory authority, rendering the related service-tax demand unsustainable.
Indivisible turnkey ATM contracts comprising supply, installation, testing and commissioning for a single composite consideration cannot be split to levy service tax on a notional commissioning or installation component where the Finance Act, 1994 provided no charging or valuation mechanism for that segregation. The discussion applies the principle that pre-existing service-tax entries covered service contracts simpliciter and did not permit vivisection of composite contracts before the introduction of works contract service. Consequently, attributing part of the composite consideration to commissioning or installation lacked statutory authority, rendering the related service-tax demand unsustainable.
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