Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
CESTAT allowed the appeal and set aside the impugned demand of service tax, interest and penalty. The Tribunal held that, under clause (b) of s.66E of the Finance Act, 1994, sale consideration received after issuance of a completion certificate by the competent authority is not leviable to service tax, and that the statute makes no distinction between a partial completion certificate (PCC) and a completion certificate (CC). The PCC in the present case preceded the booking and receipt of consideration for the flat; therefore no service tax was payable. Invocation of the extended period under the proviso to s.73 failed for lack of wilful misstatement or suppression, and consequential interest/penalty were disallowed.
CESTAT allowed the appeal and set aside the impugned demand of service tax, interest and penalty. The Tribunal held that, under clause (b) of s.66E of the Finance Act, 1994, sale consideration received after issuance of a completion certificate by the competent authority is not leviable to service tax, and that the statute makes no distinction between a partial completion certificate (PCC) and a completion certificate (CC). The PCC in the present case preceded the booking and receipt of consideration for the flat; therefore no service tax was payable. Invocation of the extended period under the proviso to s.73 failed for lack of wilful misstatement or suppression, and consequential interest/penalty were disallowed.
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