Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
The appellant is not liable to pay service tax on supply of water by the Government of Odisha, as the issue has been settled by the Tribunal's decision in a previous case. The agreement between the appellant and the government is for supply of water, for which charges are paid based on volume drawn, and it is not a case of assignment of right to use natural resources. Regarding re-availment of Cenvat credit subsequent to change of option u/r 6(3) of the Cenvat Credit Rules, 2004, the appellant had intimated the department, and no suppression can be alleged. Therefore, the demand of Rs. 183,09,57,095/- is set aside. Concerning Cenvat credit availed on invoices after one year of issuance, the appellant had shown it in the ER-1 return, and no suppression of facts can be alleged. Consequently, Cenvat credit cannot be denied. As no demand is sustainable, no interest is payable, and no penalty is imposable. The impugned order is set aside, and the appeal is allowed.
The appellant is not liable to pay service tax on supply of water by the Government of Odisha, as the issue has been settled by the Tribunal's decision in a previous case. The agreement between the appellant and the government is for supply of water, for which charges are paid based on volume drawn, and it is not a case of assignment of right to use natural resources. Regarding re-availment of Cenvat credit subsequent to change of option u/r 6(3) of the Cenvat Credit Rules, 2004, the appellant had intimated the department, and no suppression can be alleged. Therefore, the demand of Rs. 183,09,57,095/- is set aside. Concerning Cenvat credit availed on invoices after one year of issuance, the appellant had shown it in the ER-1 return, and no suppression of facts can be alleged. Consequently, Cenvat credit cannot be denied. As no demand is sustainable, no interest is payable, and no penalty is imposable. The impugned order is set aside, and the appeal is allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4798
Join Channel
TaxTMI 
