Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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Respondent declared miscellaneous income of Rs. 6 crores to IT Department. Department proposed service tax demand and penalty u/s 78(1) based on director's statement that income was from construction services. CESTAT held demand unsustainable as statement alone inadmissible without corroborative evidence. Department failed to produce evidence that income was from taxable services. Demand based on assumptions and presumptions. Original authority rightly dropped demand for lack of evidence. Department's appeal dismissed by CESTAT.
Respondent declared miscellaneous income of Rs. 6 crores to IT Department. Department proposed service tax demand and penalty u/s 78(1) based on director's statement that income was from construction services. CESTAT held demand unsustainable as statement alone inadmissible without corroborative evidence. Department failed to produce evidence that income was from taxable services. Demand based on assumptions and presumptions. Original authority rightly dropped demand for lack of evidence. Department's appeal dismissed by CESTAT.
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