Charitable registration renewal cannot become an assessment of receipts, profitability or annual exemption compliance, requiring renewal and donation ...
AMP expenditure for own business is not an international transaction without an associated-enterprise arrangement, eliminating transfer pricing adjust...
Customs valuation must use comparable contemporary imports, while confiscation fines and penalties require proportionate recalculation on reassessed v...
Depositor-protection proceedings prevail over corporate insolvency, while liquidators may recover chit receivables using copies of seized company reco...
Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provi...
Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability...
Reversal of ITC - The High Court found that certain findings recorded by the adjudicating authority were outside the scope of the allegations in the show-cause notice. The authority had admitted that the appellant made payment of tax to the supplier against the transaction, but failed to remit the tax to the State exchequer. However, the court deemed it arbitrary to penalize the appellant without first conducting an enquiry with the supplier. - The Court reiterated the conditions prescribed in Section 16 (2) of the Act for a dealer to be eligible to avail credit of any input tax. - The Court highlighted the importance of action against the selling dealer before directing the appellant to reverse the input tax credit. It emphasized that unless exceptional circumstances exist, proceedings should be initiated against the supplier first.
Reversal of ITC - The High Court found that certain findings recorded by the adjudicating authority were outside the scope of the allegations in the show-cause notice. The authority had admitted that the appellant made payment of tax to the supplier against the transaction, but failed to remit the tax to the State exchequer. However, the court deemed it arbitrary to penalize the appellant without first conducting an enquiry with the supplier. - The Court reiterated the conditions prescribed in Section 16 (2) of the Act for a dealer to be eligible to avail credit of any input tax. - The Court highlighted the importance of action against the selling dealer before directing the appellant to reverse the input tax credit. It emphasized that unless exceptional circumstances exist, proceedings should be initiated against the supplier first.
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