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 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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