Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Upfront fee and excess spread income arising from securitization/sell-down of future receivables were held to be profits/interest from sale of receivables, with no underlying "service" element, and therefore not exigible to service tax under Business Support Service; the Department's challenge to dropping of these demands was not maintainable. Collection efficiency fee and sell-down servicing fee were accepted as taxable, and interest on delayed payment was upheld; however, this did not sustain the Revenue's appeal on merits. Alleged suppression was rejected since the material facts were already within departmental knowledge from an earlier notice, making invocation of the extended limitation period unjustified. Revenue's appeal was dismissed. - CESTAT
Upfront fee and excess spread income arising from securitization/sell-down of future receivables were held to be profits/interest from sale of receivables, with no underlying "service" element, and therefore not exigible to service tax under Business Support Service; the Department's challenge to dropping of these demands was not maintainable. Collection efficiency fee and sell-down servicing fee were accepted as taxable, and interest on delayed payment was upheld; however, this did not sustain the Revenue's appeal on merits. Alleged suppression was rejected since the material facts were already within departmental knowledge from an earlier notice, making invocation of the extended limitation period unjustified. Revenue's appeal was dismissed. - CESTAT
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