Condonation of delay permits statutory appeal restoration where inadequate service explanation prevented consideration of reassessment and taxable-inc...
Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
Warehousing permission requires deposit at the designated bonded warehouse; unauthorised diversion triggers confiscation, redemption fine and importer...
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The appellant received services classifiable as online information and database access or retrieval (OIDAR) services from outside India. As the recipient of such services, the appellant was held liable to pay service tax u/ss 66A and 68 of the Finance Act, 1994, read with Rule 2(1)(d)(iv) of the Service Tax Rules, 1994, for the period from October 1, 2006, to March 2008, along with interest u/s 75 of the Act. The demand for service tax and interest was upheld. However, the penalties imposed u/ss 76 and 77 of the Act were set aside, as there was no suppression of facts, and the demand arose due to interpretation of legal provisions. The appeals were partially allowed to the extent of setting aside the penalties.
The appellant received services classifiable as online information and database access or retrieval (OIDAR) services from outside India. As the recipient of such services, the appellant was held liable to pay service tax u/ss 66A and 68 of the Finance Act, 1994, read with Rule 2(1)(d)(iv) of the Service Tax Rules, 1994, for the period from October 1, 2006, to March 2008, along with interest u/s 75 of the Act. The demand for service tax and interest was upheld. However, the penalties imposed u/ss 76 and 77 of the Act were set aside, as there was no suppression of facts, and the demand arose due to interpretation of legal provisions. The appeals were partially allowed to the extent of setting aside the penalties.
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