Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
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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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