Jurisdictional sanction requirements bar reassessment when approval comes from an authority lacking statutory competence under the applicable framewor...
Recorded sales receipts cannot be reassessed as unexplained cash credits, eliminating the basis for consequential alleged commission expenditure addit...
Sufficient cause for delayed income-tax appeals requires bona fide diligence; unsubstantiated counsel illness and assessee inaction defeat condonation...
TNMM Segmentation Limits Transfer-Pricing Adjustments to Associated-Enterprise Transactions and Requires Turnover-Based Comparable Selection for IT Se...
Internal TNMM supports deletion of freight-forwarding adjustments where comparable non-AE transactions are separately identifiable and materially simi...
CESTAT set aside service tax demand under section 73A of Finance Act, 1994 against appellant who collected 13% airport authority levy from clients. Tribunal held section 73A applies only when amounts are collected representing service tax, which was not established by Revenue. Appellant's invoices showed collection of VAT and AAI levy on food and beverage sales, not service tax. Since no evidence demonstrated collection of amounts as service tax, section 73A was inapplicable. Additionally, demand raised under best judgment method under section 73 was incorrect. VAT and service tax being mutually exclusive, demand on VAT-paid transactions unsustainable. Penalties also set aside as underlying demand failed. Appeal allowed with complete relief to appellant.
CESTAT set aside service tax demand under section 73A of Finance Act, 1994 against appellant who collected 13% airport authority levy from clients. Tribunal held section 73A applies only when amounts are collected representing service tax, which was not established by Revenue. Appellant's invoices showed collection of VAT and AAI levy on food and beverage sales, not service tax. Since no evidence demonstrated collection of amounts as service tax, section 73A was inapplicable. Additionally, demand raised under best judgment method under section 73 was incorrect. VAT and service tax being mutually exclusive, demand on VAT-paid transactions unsustainable. Penalties also set aside as underlying demand failed. Appeal allowed with complete relief to appellant.
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