Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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The case deals with the levy of service tax on 'indent commission' received by an Indian company from its overseas holding company for providing business auxiliary services. The judgments of the Delhi High Court in Verizon Communication India Pvt. Ltd. and the Larger Bench of CESTAT in Paul Merchants Limited were analyzed. It was observed that the Indian company provided necessary details of customers in India to foreign steel mills, enabling them to execute contracts directly with Indian customers. The Indian company satisfied the conditions of the Export of Service Rules, 2005, as payments were received in convertible foreign exchange. Applying the principles laid down in the cited cases, it was held that the services rendered by the appellant to its holding company fell within the scope of the Export of Service Rules, 2005. Consequently, the demand for service tax could not be sustained, and the impugned orders were set aside.
The case deals with the levy of service tax on 'indent commission' received by an Indian company from its overseas holding company for providing business auxiliary services. The judgments of the Delhi High Court in Verizon Communication India Pvt. Ltd. and the Larger Bench of CESTAT in Paul Merchants Limited were analyzed. It was observed that the Indian company provided necessary details of customers in India to foreign steel mills, enabling them to execute contracts directly with Indian customers. The Indian company satisfied the conditions of the Export of Service Rules, 2005, as payments were received in convertible foreign exchange. Applying the principles laid down in the cited cases, it was held that the services rendered by the appellant to its holding company fell within the scope of the Export of Service Rules, 2005. Consequently, the demand for service tax could not be sustained, and the impugned orders were set aside.
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