Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
The appellant sub-contractor was not eligible for exemption under S.No.12(d) of Notification 25/2012 for services provided to the principal contractor engaged in dam construction by the Government. Their activities of site formation, excavation, etc. did not strictly fall within "by way of construction" of dam under strict interpretation. Even if provided indirectly through the contractor, their services were not covered by the exemption notification. Their activities could not be considered works contract service eligible for exemption under S.No.29(h) due to lack of transfer of property. The extended period of limitation was rightly invoked as the appellant did not have a bona fide belief of non-taxability. The appeal against confirmed service tax demand was dismissed by CESTAT.
The appellant sub-contractor was not eligible for exemption under S.No.12(d) of Notification 25/2012 for services provided to the principal contractor engaged in dam construction by the Government. Their activities of site formation, excavation, etc. did not strictly fall within "by way of construction" of dam under strict interpretation. Even if provided indirectly through the contractor, their services were not covered by the exemption notification. Their activities could not be considered works contract service eligible for exemption under S.No.29(h) due to lack of transfer of property. The extended period of limitation was rightly invoked as the appellant did not have a bona fide belief of non-taxability. The appeal against confirmed service tax demand was dismissed by CESTAT.
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