Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
The CESTAT allowed the appeal of M/s X against the impugned order, setting aside the service tax demand of Rs. 2,22,51,053/- on amounts wrongly treated as taxable advances, holding them to be refundable loans not linked to any taxable service. The Tribunal further held that the service tax demand of Rs. 16,44,878/- under RCM on imported services was unsustainable, being a revenue-neutral situation, and also barred by limitation as the extended period could not be invoked through a third SCN on the same issue. Consequently, interest and penalties under Sections 77 and 78 of the Finance Act, 1994 were quashed. However, late fee of Rs. 21,700/- for delayed ST-3 returns was upheld, subject to adjustment of Rs. 7,900/- already paid.
The CESTAT allowed the appeal of M/s X against the impugned order, setting aside the service tax demand of Rs. 2,22,51,053/- on amounts wrongly treated as taxable advances, holding them to be refundable loans not linked to any taxable service. The Tribunal further held that the service tax demand of Rs. 16,44,878/- under RCM on imported services was unsustainable, being a revenue-neutral situation, and also barred by limitation as the extended period could not be invoked through a third SCN on the same issue. Consequently, interest and penalties under Sections 77 and 78 of the Finance Act, 1994 were quashed. However, late fee of Rs. 21,700/- for delayed ST-3 returns was upheld, subject to adjustment of Rs. 7,900/- already paid.
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