Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Service tax liability on sale of food items at cinema counters was in issue. The tribunal held that supply of food items in packed form or after mere reheating constitutes a sale with no discernible element of service, and therefore does not fall within the taxable service category for levy of service tax. Applying the same legal position to the present facts, the demand for recovery along with interest and consequential liability could not be sustained. Accordingly, the impugned order was set aside and the appeal was allowed. - CESTAT
Service tax liability on sale of food items at cinema counters was in issue. The tribunal held that supply of food items in packed form or after mere reheating constitutes a sale with no discernible element of service, and therefore does not fall within the taxable service category for levy of service tax. Applying the same legal position to the present facts, the demand for recovery along with interest and consequential liability could not be sustained. Accordingly, the impugned order was set aside and the appeal was allowed. - CESTAT
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