Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Reverse Charge (RCM) - Commissions paid to a foreign service provider - benefit of exemption under notification no. 18/2009-ST - non-discloser of detailed in the Shipping Bill - The CESTAT noted that the appellant's compliance with the procedural aspects of the notification, albeit delayed, was recognized. - The appellant successfully argued for the benefit of an exemption notification, although initially failing to meet some procedural requirements. The Tribunal's decision pivoted on the finding that there was no deliberate suppression of facts by the appellant, which is a necessary condition for extending the limitation period for tax demands.
Reverse Charge (RCM) - Commissions paid to a foreign service provider - benefit of exemption under notification no. 18/2009-ST - non-discloser of detailed in the Shipping Bill - The CESTAT noted that the appellant's compliance with the procedural aspects of the notification, albeit delayed, was recognized. - The appellant successfully argued for the benefit of an exemption notification, although initially failing to meet some procedural requirements. The Tribunal's decision pivoted on the finding that there was no deliberate suppression of facts by the appellant, which is a necessary condition for extending the limitation period for tax demands.
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