Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Penalty recovered from contractors for not completing work within stipulated time does not constitute consideration for declared service u/s 66E(e) of Finance Act, 1994, as it is merely a penalty imposed for non-fulfillment of contractual condition, not consideration towards any service. Consideration recovered from employees for not serving notice period before leaving job does not attract service tax u/s 66E(e), as employer merely facilitated employee's sudden exit upon compensation, not rendering any taxable service. Demand for service tax on such penalties/recoveries is unsustainable and set aside by the Appellate Tribunal.
Penalty recovered from contractors for not completing work within stipulated time does not constitute consideration for declared service u/s 66E(e) of Finance Act, 1994, as it is merely a penalty imposed for non-fulfillment of contractual condition, not consideration towards any service. Consideration recovered from employees for not serving notice period before leaving job does not attract service tax u/s 66E(e), as employer merely facilitated employee's sudden exit upon compensation, not rendering any taxable service. Demand for service tax on such penalties/recoveries is unsustainable and set aside by the Appellate Tribunal.
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