Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return filing...
Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
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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.
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.
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