Faceless reassessment jurisdiction turned on retrospective AO definition, with later faceless-assessment changes treated as clarificatory and procedur...
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The case involved the taxability of health care services related to Stem Cell/Umbilical Cord Blood Banking. The issue was whether these services fell under the Negative List or the Mega Exemption Notification. The retrospective application of Notification No. 04/2014-ST was questioned, with reference to Circular No. 334/03/2014-TRU. The court held that retrospective application was not intended by the legislative amendment. The extended period of limitation was deemed applicable. The circular was found not to support retrospective effect. The decision of the Madras High Court in a similar case was followed. The appellant's inaction on registration and non-filing of returns showed willful default. The impugned order was upheld as legally sound, and the appeal was dismissed by CESTAT (Appellate Tribunal).
The case involved the taxability of health care services related to Stem Cell/Umbilical Cord Blood Banking. The issue was whether these services fell under the Negative List or the Mega Exemption Notification. The retrospective application of Notification No. 04/2014-ST was questioned, with reference to Circular No. 334/03/2014-TRU. The court held that retrospective application was not intended by the legislative amendment. The extended period of limitation was deemed applicable. The circular was found not to support retrospective effect. The decision of the Madras High Court in a similar case was followed. The appellant's inaction on registration and non-filing of returns showed willful default. The impugned order was upheld as legally sound, and the appeal was dismissed by CESTAT (Appellate Tribunal).
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