Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
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The case before CESTAT Chandigarh involved the levy of service tax on "liquidated damages in contracts" for penalty/late delivery charges, under section 66E (e) of the Finance Act, 1994. The appellant, a Central Government Public Sector Undertaking, challenged the tax liability. The Tribunal referred to a recent circular by the Department of Revenue stating no liability for service tax/GST on such damages. Previous Tribunal decisions supported the appellant's position that these damages are not subject to service tax. CESTAT held the impugned order as legally unsustainable and allowed the appeal, providing consequential relief as per law.
The case before CESTAT Chandigarh involved the levy of service tax on "liquidated damages in contracts" for penalty/late delivery charges, under section 66E (e) of the Finance Act, 1994. The appellant, a Central Government Public Sector Undertaking, challenged the tax liability. The Tribunal referred to a recent circular by the Department of Revenue stating no liability for service tax/GST on such damages. Previous Tribunal decisions supported the appellant's position that these damages are not subject to service tax. CESTAT held the impugned order as legally unsustainable and allowed the appeal, providing consequential relief as per law.
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