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Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
CESTAT: The tribunal remanded assessment of MMR (immovable property) service receipts for re-computation of service-tax demand, noting late registration and partial tax/interest paid by the appellant; classification as MMR sustained. Commission receivable from banks for procuring clients was upheld as taxable Business Auxiliary Services (BAS) and chargeable on the gross commission. The tribunal affirmed invocation of extended limitation and imposition of penalties where suppression/misstatement was found. Conversely, in related appeals the tribunal held reimbursed electricity charges not includible in MMR taxable value, set aside corresponding demands, and consequently extinguished associated interest and penalties. Appeals were disposed with outcomes applied case-by-case.
CESTAT: The tribunal remanded assessment of MMR (immovable property) service receipts for re-computation of service-tax demand, noting late registration and partial tax/interest paid by the appellant; classification as MMR sustained. Commission receivable from banks for procuring clients was upheld as taxable Business Auxiliary Services (BAS) and chargeable on the gross commission. The tribunal affirmed invocation of extended limitation and imposition of penalties where suppression/misstatement was found. Conversely, in related appeals the tribunal held reimbursed electricity charges not includible in MMR taxable value, set aside corresponding demands, and consequently extinguished associated interest and penalties. Appeals were disposed with outcomes applied case-by-case.
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