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...
The dominant issue was whether works contract services for a public water supply scheme (pipeline laying and allied works) provided to a government authority were exempt under specified notifications/entries, including Sl. No. 12 of Notification No. 25/2012-ST. The tribunal held exemption applies only if the activities strictly fall within the notification; on examining the nature of work, the claimed exemption was denied and the corresponding service tax demand sustained, while the demand relating to exempt water-treatment/sewerage-related works (including certain underground reservoir/ranney well works) was correctly dropped. On limitation, extended period was upheld because prior conduct under VCES negated bona fide belief, sustaining the demand. Penalties under s.77 and interest under s.75 were upheld for statutory contraventions and delayed payment, and the appeal was dismissed. - CESTAT
The dominant issue was whether works contract services for a public water supply scheme (pipeline laying and allied works) provided to a government authority were exempt under specified notifications/entries, including Sl. No. 12 of Notification No. 25/2012-ST. The tribunal held exemption applies only if the activities strictly fall within the notification; on examining the nature of work, the claimed exemption was denied and the corresponding service tax demand sustained, while the demand relating to exempt water-treatment/sewerage-related works (including certain underground reservoir/ranney well works) was correctly dropped. On limitation, extended period was upheld because prior conduct under VCES negated bona fide belief, sustaining the demand. Penalties under s.77 and interest under s.75 were upheld for statutory contraventions and delayed payment, and the appeal was dismissed. - CESTAT
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