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...
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The CESTAT allowed the appeal, holding that the demand for recovery of service tax with interest and penalty based on alleged suppression of material facts was unsustainable. The appellant had filed returns for both halves of FY 2014-15, declaring taxable service value and paying due service tax. The Show Cause Notice failed to establish willful suppression or intent to evade tax, a necessary prerequisite for invoking the extended limitation period. Mere bald allegations were insufficient to justify extended period invocation. Consequently, the demand issued beyond the normal limitation period was barred. The tribunal refrained from addressing other contentions, deciding solely on limitation grounds.
The CESTAT allowed the appeal, holding that the demand for recovery of service tax with interest and penalty based on alleged suppression of material facts was unsustainable. The appellant had filed returns for both halves of FY 2014-15, declaring taxable service value and paying due service tax. The Show Cause Notice failed to establish willful suppression or intent to evade tax, a necessary prerequisite for invoking the extended limitation period. Mere bald allegations were insufficient to justify extended period invocation. Consequently, the demand issued beyond the normal limitation period was barred. The tribunal refrained from addressing other contentions, deciding solely on limitation grounds.
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