Ratification of resignation acceptance validates separation retrospectively, while withdrawal may be refused through reasoned administrative discretio...
Nature-dependent electricity contracts receive new Ind AS accounting, hedge designation, transition and financial-statement disclosure requirements fr...
Alternative GST remedy permitted protective writ intervention for ex parte adjudication, preserving independent appellate review of input tax credit d...
Assessment against deceased sole proprietor requires proceedings against the legal representative, rendering prior assessment and appellate orders inv...
Residential waste collection classification under SAC 999423 defeats composite-supply exemption where facilitating goods are not transferred to the lo...
Refund of Service tax paid - time limitation - The Appellate Tribunal examined the submissions and found that the appellant had self-assessed and paid service tax without claiming the benefit of an exemption notification. Since neither the Central Excise officer modified the assessment nor was the self-assessment appealed against before the Commissioner (Appeals), the assessment remained unchanged. - The Tribunal concluded that refund proceedings cannot modify assessments, whether self-assessed or not. They emphasized that refund proceedings are akin to execution proceedings and should follow the assessment made, without altering it. Therefore, the Tribunal upheld the impugned order, rejecting the appellant's appeal.
Refund of Service tax paid - time limitation - The Appellate Tribunal examined the submissions and found that the appellant had self-assessed and paid service tax without claiming the benefit of an exemption notification. Since neither the Central Excise officer modified the assessment nor was the self-assessment appealed against before the Commissioner (Appeals), the assessment remained unchanged. - The Tribunal concluded that refund proceedings cannot modify assessments, whether self-assessed or not. They emphasized that refund proceedings are akin to execution proceedings and should follow the assessment made, without altering it. Therefore, the Tribunal upheld the impugned order, rejecting the appellant's appeal.
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