Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
Income Disclosure Scheme immunity and search-material requirements barred further share-transaction additions in unabated assessments under section 15...
The CESTAT dismissed the appellant's refund claim for service tax paid on 60% of the value of services rendered under reverse charge mechanism. The Tribunal held that refund proceedings are in the nature of execution proceedings, and refunds cannot be sanctioned without first modifying the assessment, following the Supreme Court's decision in ITC Ltd. The adjudicating authority had determined on merits that the appellant was liable to pay service tax on 50% of the total billing amount. The CESTAT confirmed that a self-assessed return constitutes an assessment which, unless properly challenged and modified through appropriate legal channels, cannot be questioned in refund proceedings, consistent with the ruling in Jagdamba Phosphate.
The CESTAT dismissed the appellant's refund claim for service tax paid on 60% of the value of services rendered under reverse charge mechanism. The Tribunal held that refund proceedings are in the nature of execution proceedings, and refunds cannot be sanctioned without first modifying the assessment, following the Supreme Court's decision in ITC Ltd. The adjudicating authority had determined on merits that the appellant was liable to pay service tax on 50% of the total billing amount. The CESTAT confirmed that a self-assessed return constitutes an assessment which, unless properly challenged and modified through appropriate legal channels, cannot be questioned in refund proceedings, consistent with the ruling in Jagdamba Phosphate.
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