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 appellant provided two services - servicing of motor vehicles and running an amusement park. The amusement park service was exempt from service tax until 1.6.2015. After that, it became taxable but the appellant did not pay service tax, claiming it was covered under the negative list or exemption. However, the tribunal held that the amusement park service was not covered under the negative list or exemption after 1.6.2015 and hence taxable. Regarding the time limitation, the tribunal held that since the appellant had a bona fide belief of non-taxability and the revenue did not scrutinize the returns, the extended period of limitation cannot be invoked. The demand for short payment of service tax under repairs and maintenance services was also time-barred. The tribunal set aside the confirmed demand of Rs. 72,94,797/- towards reversal of CENVAT credit on merits, relying on court rulings that revenue cannot demand reversal without asking for proportionate reversal. The total confirmed demand of Rs. 1,73,60,105/- was set aside due to limitation. The appeal was allowed.
The appellant provided two services - servicing of motor vehicles and running an amusement park. The amusement park service was exempt from service tax until 1.6.2015. After that, it became taxable but the appellant did not pay service tax, claiming it was covered under the negative list or exemption. However, the tribunal held that the amusement park service was not covered under the negative list or exemption after 1.6.2015 and hence taxable. Regarding the time limitation, the tribunal held that since the appellant had a bona fide belief of non-taxability and the revenue did not scrutinize the returns, the extended period of limitation cannot be invoked. The demand for short payment of service tax under repairs and maintenance services was also time-barred. The tribunal set aside the confirmed demand of Rs. 72,94,797/- towards reversal of CENVAT credit on merits, relying on court rulings that revenue cannot demand reversal without asking for proportionate reversal. The total confirmed demand of Rs. 1,73,60,105/- was set aside due to limitation. The appeal was allowed.
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