Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
The High Court addressed the issue of invoking the extended period of limitation for non-payment of service tax. The Court held that the Tribunal's finding of no documentary evidence indicating the service rendered was erroneous. It emphasized that two units of a company cannot be treated as separate entities for service tax purposes. The Court cited legal precedent to support that a company is a single entity under the law, and divisions/branches cannot be considered distinct legal entities. The Court also noted that the Tribunal's decision contradicted established legal principles regarding service tax credit and the relationship between units of the same company. Ultimately, the Department's appeal was rejected, and the Tribunal's order was deemed unsustainable and contrary to the law. The appeal of the Revenue was dismissed.
The High Court addressed the issue of invoking the extended period of limitation for non-payment of service tax. The Court held that the Tribunal's finding of no documentary evidence indicating the service rendered was erroneous. It emphasized that two units of a company cannot be treated as separate entities for service tax purposes. The Court cited legal precedent to support that a company is a single entity under the law, and divisions/branches cannot be considered distinct legal entities. The Court also noted that the Tribunal's decision contradicted established legal principles regarding service tax credit and the relationship between units of the same company. Ultimately, the Department's appeal was rejected, and the Tribunal's order was deemed unsustainable and contrary to the law. The appeal of the Revenue was dismissed.
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