Delayed-payment surcharge is not taxable tolerance consideration where it penalises default, while meter testing follows electricity distribution trea...
Works-contract goods transfers remain outside service tax, while qualifying lift irrigation works receive exemption and extended limitation cannot app...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Original works exemption excludes standalone boulder transportation, leaving subcontracted railway-project transport services subject to service tax l...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
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Section 73(4B)(b) requires service-tax adjudication, where possible, within one year when the extended period is invoked. The qualification permits only a reasonable and legally justifiable departure, not an unrestricted power to keep a show-cause notice pending for an inordinate period. Where the notice material enabled adjudication and no adequate explanation existed, representations or claimed adjournments could not justify prolonged delay. Unexplained delay rendered the adjudication arbitrary, contrary to Section 73(4B)(b) and Article 14, leading to quashing of the service-tax order. Availability of a statutory appeal did not bar writ jurisdiction because the challenge raised a legal question and involved arbitrary adjudication.
Section 73(4B)(b) requires service-tax adjudication, where possible, within one year when the extended period is invoked. The qualification permits only a reasonable and legally justifiable departure, not an unrestricted power to keep a show-cause notice pending for an inordinate period. Where the notice material enabled adjudication and no adequate explanation existed, representations or claimed adjournments could not justify prolonged delay. Unexplained delay rendered the adjudication arbitrary, contrary to Section 73(4B)(b) and Article 14, leading to quashing of the service-tax order. Availability of a statutory appeal did not bar writ jurisdiction because the challenge raised a legal question and involved arbitrary adjudication.
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