Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
Appellants wrongfully availed excess Cenvat credit beyond prescribed caps, failing to maintain separate accounts for common inputs/services used for taxable and exempted services during 2008-09 to 2009-10. Cenvat Credit Rules cap credit utilization at 20% for exempted services. Appellants entitled to opt for payment equivalent to credit attributable to inputs/services used for exempted services u/r 6(3A), requiring recalculation. Extended period invoked rightly as appellants deliberately didn't disclose non-maintenance of separate accounts. Penalty u/s 78 warranted for non-payment of service tax, quantum requiring redetermination. Matter remanded for recalculating recoverable credit, interest, and penalty after considering appellants' documents and calculations.
Appellants wrongfully availed excess Cenvat credit beyond prescribed caps, failing to maintain separate accounts for common inputs/services used for taxable and exempted services during 2008-09 to 2009-10. Cenvat Credit Rules cap credit utilization at 20% for exempted services. Appellants entitled to opt for payment equivalent to credit attributable to inputs/services used for exempted services u/r 6(3A), requiring recalculation. Extended period invoked rightly as appellants deliberately didn't disclose non-maintenance of separate accounts. Penalty u/s 78 warranted for non-payment of service tax, quantum requiring redetermination. Matter remanded for recalculating recoverable credit, interest, and penalty after considering appellants' documents and calculations.
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