Tax deduction compliance and payee income recognition govern consultancy disallowance, while no exempt income prevents related expenditure disallowanc...
Derivative abetment liability fails when correctly declared imported components establish no underlying improper importation by the principal importer...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return filing...
Refund of accumulated CENVAT credit paid towards Service Tax on Reverse Charge Mechanism during April 2016 to June 2017 period is admissible in cash u/s 142(3) after the expiry of the transitional provision. The non-obstante clause in the pre-existing law permitted cash refund of eligible CENVAT credit, even though no express provision existed. Invoking the 'Doctrine of Necessity', the Appellant is entitled to the claimed refund with applicable interest. The Commissioner's order denying cash refund is set aside, and the appeal is allowed. The Tribunal's precedents and the Madras High Court judgment support granting cash refund as a dire necessity.
Refund of accumulated CENVAT credit paid towards Service Tax on Reverse Charge Mechanism during April 2016 to June 2017 period is admissible in cash u/s 142(3) after the expiry of the transitional provision. The non-obstante clause in the pre-existing law permitted cash refund of eligible CENVAT credit, even though no express provision existed. Invoking the 'Doctrine of Necessity', the Appellant is entitled to the claimed refund with applicable interest. The Commissioner's order denying cash refund is set aside, and the appeal is allowed. The Tribunal's precedents and the Madras High Court judgment support granting cash refund as a dire necessity.
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