Urgent interim relief exception permits commercial suit without pre-institution mediation where immediate disclosure and asset protection are genuinel...
Portal order discrepancies invalidated rectification rejection, requiring fresh reasoned consideration after hearing and prompt communication of the o...
CESTAT allowed the appeal and set aside the service-tax demand. The Tribunal held that the appellant, a wholly government-owned and controlled autonomous unit funded by grant-in-aid and staffed by government employees to perform strategic R&D, does not qualify as a "business entity" under the statutory definition and is barred from commercial activity. The security service was rendered by CISF, a statutory Union body performing its sovereign duty to protect vital installations. Because the appellant does not carry on industry or commerce and is not a factory registrant, the CISF's security service to the appellant is not taxable; the Commissioner's finding of commercial activity was overturned.
CESTAT allowed the appeal and set aside the service-tax demand. The Tribunal held that the appellant, a wholly government-owned and controlled autonomous unit funded by grant-in-aid and staffed by government employees to perform strategic R&D, does not qualify as a "business entity" under the statutory definition and is barred from commercial activity. The security service was rendered by CISF, a statutory Union body performing its sovereign duty to protect vital installations. Because the appellant does not carry on industry or commerce and is not a factory registrant, the CISF's security service to the appellant is not taxable; the Commissioner's finding of commercial activity was overturned.
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