Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return filing...
Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
AT considered the determination of gross amount for service tax u/r Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007. Issue was inclusion of equipment and materials value in determining "gross amount" for service tax levy. Appellant had 2 contracts with WBPDCL. CBEC Circular clarified that value of goods supplied u/s Contract I not included in gross value for service tax u/s composition scheme for Contract II. Appellant correctly paid tax for Contract II. Penalty proceedings deemed unsustainable, hence no penalty imposed. Impugned demand set aside, appeal allowed.
AT considered the determination of gross amount for service tax u/r Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007. Issue was inclusion of equipment and materials value in determining "gross amount" for service tax levy. Appellant had 2 contracts with WBPDCL. CBEC Circular clarified that value of goods supplied u/s Contract I not included in gross value for service tax u/s composition scheme for Contract II. Appellant correctly paid tax for Contract II. Penalty proceedings deemed unsustainable, hence no penalty imposed. Impugned demand set aside, appeal allowed.
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