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Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
The HC held that the petitioner's secondment of employees was correctly held by the Apex Court to be exigible to service tax, reversing the Tribunal's favorable order for the assessee. The petitioner disclosed the transaction and paid the applicable tax upon the Apex Court's ruling. The court found no wilful misstatement, suppression, or tax evasion under Section 74 of the CGST Act, 2017, thus negating the imposition of penalty. However, interest on the delayed tax payment is payable from the date of service availment, with the exact amount to be determined by the tax authorities. The matter was remitted to the relevant authority for fresh determination of interest liability. The petition was allowed in part, confirming tax and interest liability but excluding penalty under Section 74.
The HC held that the petitioner's secondment of employees was correctly held by the Apex Court to be exigible to service tax, reversing the Tribunal's favorable order for the assessee. The petitioner disclosed the transaction and paid the applicable tax upon the Apex Court's ruling. The court found no wilful misstatement, suppression, or tax evasion under Section 74 of the CGST Act, 2017, thus negating the imposition of penalty. However, interest on the delayed tax payment is payable from the date of service availment, with the exact amount to be determined by the tax authorities. The matter was remitted to the relevant authority for fresh determination of interest liability. The petition was allowed in part, confirming tax and interest liability but excluding penalty under Section 74.
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