Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 Highlights - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Income Tax
  • Direct Taxes
  • Benami Property
  • Central GST Laws
  • SGST - State GST Laws
  • Customs
  • FTP - Foreign Trade Policy
  • SEZ - Special Economic Zone
  • FEMA - Foreign Exchange Management
  • Companies Law
  • SEBI - Securities & Exchange Board of India
  • IBC - Insolvency and Bankruptcy
  • Law of Competition
  • PMLA - Money-Laundering
  • Indian Laws
  • Bill / Finance Bills
  • Wealth Tax
  • Service Tax
  • Central Excise
  • VAT / Sales Tax
Month:
---- All Months ----
  • ---- All Months ----
  • January
  • February
  • March
  • April
  • May
  • June
  • July
  • August
  • September
  • October
  • November
  • December
Year:
---- All Years ----
  • ---- All Years ----
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Strict construction of customs exemption and prospective IGST interest levy shape duty, classification, and penalty relief.
    Declared value, re-assessment, and confiscation principles: Tribunal upholds value redetermination but rejects section 28 recovery and penalty.
    Cross-examination and corroboration are essential before penalty for alleged smuggling facilitation can be sustained.
    Mistake apparent from record was not shown in provisional release conditions; rectification was refused, with clarification left open.
    Res judicata and continuing liquidation justified retention of premises; no summary order could compel surrender of tenancy rights.
    Resolution plan verification powers rest with the resolution professional; admitted homebuyer claims could not be reopened belatedly.
    Resolution plan review is limited to transparency and statutory compliance, not commercial wisdom, when disclosure is materially flawed.
    CoC-approved resolution plans are binding before adjudication; withdrawal after submission is impermissible and the approval application was revived.
    Service tax liability cannot rest on Form 26AS data; extended limitation also failed for want of statutory conditions.
    Service tax demand based only on Form 26AS failed where taxability, exemption and extended limitation were not properly established.
    Free warranty replacements and damaged inputs: Tribunal rejects duty demand where warranty value was already built into final product pricing.
    DIR-3 KYC Web fee revision updates filing charges, including nil timely filing and higher fees for delay or DIN reactivation.
    Transhipment permission renewed for domestic movement of EXIM cargo under customs bond, guarantee and transit liability conditions.
    Custodian and cargo service provider appointment for Haldia Berth No. 04 made subject to compliance, security and insurance conditions.
    Returned export containers get simplified customs handling, with seal verification, incentive recovery, and re-import checks for tampered seals.
    Duplicate tax assessment orders quashed; ex parte assessment remanded for fresh hearing on equitable grounds.
    Delayed IGST refund attracts statutory interest where refund entitlement has attained finality and payment comes after the prescribed period.
    Effective service of GST show cause notice is essential; inadequate portal service justified setting aside adjudication and remand.
    Natural justice in GST adjudication led to setting aside of attachment, with fresh hearing made conditional on deposit
    Natural justice in GST adjudication: denial of unrelied documents and cross-examination led to quashing and remand.
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Highlights
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries

Highlights

Back

All Highlights

Showing Results for :
Reset Filters
No Records Found

Highlights

Back

All Highlights

whatsapp Join Channel
Showing Results for : Reset Filters

The case pertains to the refund claims of service tax paid under...

Refund Denied: Tribunal Upholds Rejection of Late Service Tax Refund Claims Due to Statutory Time Limits.

Contents
Summary
Note

Note

-

Bookmark

Print

Print

Service Tax October 5, 2024 Case Laws AT
The case pertains to the refund claims of service tax paid under the Reverse Charge Mechanism (RCM) due to a misconception or mistake of law. The tribunal held that there was a categorical provision requiring payment of service tax under RCM in a particular situation. The appellant interpreted their liability correctly and discharged the same under RCM basis. It was not a mistake of law but a mistake of fact, as they were informed about the payment of 100% tax liability later on, leading to double payment due to communication gap or reconciliation of accounts. The refund claim, regardless of the nature, has to be within the statutory provisions governing refund, including limitation periods. The authorities, being creatures of the statute, have to operate within its purview and cannot allow refunds outside the statutory limitations. Since the refund claims were filed beyond the expiry of the time limit, their rejection on this ground was upheld by the tribunal.

Topics

Acts Income Tax