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    Pan-India service-tax investigation powers extend beyond local limits, while pre-notice consultation remains recommendatory under departmental guidanc...
    Documentary proof of service-tax payment governs refund eligibility, while delayed-refund interest runs only after the statutory waiting period.
    Specialised agricultural valuation qualifications validly distinguish expertise in land, crop and soil assessment from other professional credentials.
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    Securities transfer and transmission procedures now follow SEBI specifications, while specified Schedule VII requirements are removed.
    Forced-labour import prohibition empowers targeted restrictions on goods made wholly or partly through involuntary work.
    Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
    Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
    Tariff Rate Quota allocation under India-Oman CEPA now requires online authorisation, origin certification and electronic customs debit.
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    Portal service of GST notices is valid; failure to use statutory remedies defeats writ challenge to registration cancellation.
    Retrospective input tax credit relief removes delayed-availment demand, while mismatch claims and consequential penalty require fresh adjudication
    Section 13(1)(b) belongs at assessment, not registration; provisional registration cancellation powers cannot exceed section 12AB's scope
    Section 80-IA eligibility, change of opinion, and audit-driven reopening lead to invalid reassessment proceedings
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      VAT / Sales Tax

      The case pertains to the challenge to assessment orders passed...

      Powder Coating Deemed Works Contract: Court Upholds Tax Liability and Validates Timely Notices Under Pondicherry VAT Act.

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      VAT / Sales TaxOctober 4, 2024Case LawsHC
      The case pertains to the challenge to assessment orders passed by the Assessing Officer for the assessment years 2007-2008 to 2009-2010 on the grounds of time limitation under the Pondicherry Value Added Tax Act, 2007. The key issues were: whether the powder coating work undertaken by the assessee amounted to execution of works contract, and whether it involved transfer of property. The court held that the powder coating work fell within the definition of 'works contract' u/s 2(zp) of the Act, involving transfer of property, making the assessee liable to pay tax u/s 15(1). Regarding the time limitation, the court ruled that the assessment orders were passed within the prescribed three-year period from the end of the relevant assessment year, as the initial notices were issued within that timeframe u/s 24(5), even though the final orders were passed later. Consequently, the substantial questions of law were answered in favor of the revenue department.

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      ActsIncome Tax