Just a moment...

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
    Essential character test governs unfinished gold neck chains, leading to jewellery classification and setting aside confiscation and penalty.
    Rubber mixture classification and preferential exemption depend on essential character, origin rules, and import-time verification.
    Board explanation duty and limitation barred prosecution; cognizance failed for non-application of mind in issuing process.
    Crystallised provident fund dues required for CIRP claims; internal communications and tentative calculations are insufficient.
    Personal guarantor insolvency process: NCLAT upholds exclusion of time and rejects challenge based on lack of notice.
    Section 95 proceedings limited to the named guarantor; coparcenary claims did not justify intervention or stay.
    OTC INR derivative reporting expands to related parties globally, with phased coverage thresholds and two-day reporting timelines.
    SEZ to DTA clearances treated as imports for drawback on re-export of duty-paid goods under customs law.
    Approved resolution plan barred continued recovery action and compelled unblocking of input tax credit.
    Consideration of audit report in input tax credit dispute led to remand for fresh adjudication.
    Documentary evidence and cooperation justified anticipatory bail in a GST input tax credit investigation despite economic offence allegations.
    Writ jurisdiction for lack of officer competence under GST upheld; adjudication quashed for absence of proper authorisation.
    Retrospective input tax credit relief under Section 16(5) overrides Section 16(4), requiring fresh reconsideration of the claim.
    GST detention penalty requires a speaking order on the show cause notice; payment alone does not end adjudication.
    Provisional attachment under GST may be relaxed when substitute security protects revenue and business operations can resume.
    Input tax credit blocking based only on cancelled registration fails after restoration, with credit allowed to be used in law.
    Provisional attachment under the CGST Act ends once a final order under Section 74 is passed.
    Multiple tax periods cannot be clubbed in one GST show cause notice; year-wise limitation and liability apply separately.
    Statutory interest on delayed refund accrues automatically after expiry of the six-month period; principal cannot be paid alone.
    Mandatory GST pre-deposit governs appeal filing; merits can be examined only after a valid appeal with delay condonation.
❯❯
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

Dispute regarding non-payment/short payment of service tax, tax...

Service Tax Dispute: Short Payment and Evasion Claims Lead to Upheld Penalties and Dismissed Appeal by Tribunal.

Contents
Summary
Note

Note

-

Bookmark

Print

Print

Service Tax November 4, 2024 Case Laws AT
Dispute regarding non-payment/short payment of service tax, tax demand and interest u/ss 73(2) and 75, penalties u/ss 77 and 78 of the Finance Act, 1994, and extended period for demand invoked under the proviso to Section 73(1). Both authorities found no fault with non-payment/short payment of service tax. Appellant admitted short payment, differing only on deductions claimed for provident fund amounts, which the adjudicating authority excluded as not part of the present show cause notice. Service tax rightly demanded and confirmed after allowing deductions for services provided before 16.06.2005 and deducting service tax included in gross amount. Appellant aware of providing taxable services, short-paying service tax, issuing invoices indicating payable service tax, and collecting it from service recipients. Appellant did not file ST-3 returns during the entire period, suppressing information with intent to evade taxes. Extended period of limitation and penalties imposed cannot be disputed. Assessee's appeal dismissed by CESTAT (Appellate Tribunal).

Topics

Acts Income Tax