Transaction value rejection requires reliable corroboration; refundable VAT is excluded and temporary registration does not defeat new-vehicle exempti...
Appellate jurisdiction remains available where a wrist-worn gold ornament cannot conclusively be characterised as imported baggage at the preliminary ...
Written complaint requirement bars cognizance on police reports for securities offences, while unsupported breach of trust and cheating allegations fa...
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Levy of service tax - Auction of abandoned imported goods by the CONCOR - ground rent/storage rendered towards the un-cleared/un-claimed cargo of the importer - The Tribunal emphasized that in the auction transaction of abandoned goods, no service recipient exists, thus no service is provided. They cited Sections 48 and 150 of the Customs Act, 1962, which deal with the sale of goods not cleared, and stressed that these sections make no provision for any service rendered. The Tribunal analyzed the relevant provisions of the Finance Act, 1994, which stipulate that to attract service tax, there must be a taxable service provided to a service recipient in exchange for consideration.
Levy of service tax - Auction of abandoned imported goods by the CONCOR - ground rent/storage rendered towards the un-cleared/un-claimed cargo of the importer - The Tribunal emphasized that in the auction transaction of abandoned goods, no service recipient exists, thus no service is provided. They cited Sections 48 and 150 of the Customs Act, 1962, which deal with the sale of goods not cleared, and stressed that these sections make no provision for any service rendered. The Tribunal analyzed the relevant provisions of the Finance Act, 1994, which stipulate that to attract service tax, there must be a taxable service provided to a service recipient in exchange for consideration.
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