Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
CESTAT, an Appellate Tribunal, addressed the valuation of services in a case involving transport/insurance charges received by the Appellant for the erection and installation of transmission towers. The Tribunal held that the separate consideration for installation and transportation/insurance charges indicated distinct and independent activities under the service contract. Referring to a precedent, it emphasized that services should not be classified as a single composite service if they are distinct and independent. The Tribunal also rejected the extended period of limitation, noting that the allegation of suppression of facts was incorrect. Consequently, the demand for service tax was deemed legally unsustainable, and the impugned order was set aside, allowing the appeal.
CESTAT, an Appellate Tribunal, addressed the valuation of services in a case involving transport/insurance charges received by the Appellant for the erection and installation of transmission towers. The Tribunal held that the separate consideration for installation and transportation/insurance charges indicated distinct and independent activities under the service contract. Referring to a precedent, it emphasized that services should not be classified as a single composite service if they are distinct and independent. The Tribunal also rejected the extended period of limitation, noting that the allegation of suppression of facts was incorrect. Consequently, the demand for service tax was deemed legally unsustainable, and the impugned order was set aside, allowing the appeal.
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