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...
Refund of accumulated CENVAT credit on exported services is not barred merely because credit from an earlier period is claimed in a subsequent quarter. Notification No. 5/2006-CE (NT) and the Board clarification permit carry-forward, subject to limitation and other claim requirements. For reverse-charge service tax paid belatedly, limitation runs from the actual tax-payment date; a period stated incorrectly in the application may be treated as a clerical error where returns establish the payment date. Both Members agreed that the refund rejection could not stand on those grounds. They differed on whether issues beyond the show cause notice required remand or whether refund with interest should be granted, and referred that question to a Third Member.
Refund of accumulated CENVAT credit on exported services is not barred merely because credit from an earlier period is claimed in a subsequent quarter. Notification No. 5/2006-CE (NT) and the Board clarification permit carry-forward, subject to limitation and other claim requirements. For reverse-charge service tax paid belatedly, limitation runs from the actual tax-payment date; a period stated incorrectly in the application may be treated as a clerical error where returns establish the payment date. Both Members agreed that the refund rejection could not stand on those grounds. They differed on whether issues beyond the show cause notice required remand or whether refund with interest should be granted, and referred that question to a Third Member.
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