Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Service tax demand based on third-party income-tax data was contested on exemption and limitation. The services related to construction of a single residential unit under an agreement for construction with material, which fell within the exemption under Notification No. 25/2012-ST; consequently, no service tax was payable. Independently, the agreement evidenced a bona fide belief of non-taxability, and in the absence of suppression or wilful misstatement with intent to evade, the extended period could not be invoked; hence the demand was time-barred. The impugned order was set aside and the appeal was allowed. - CESTAT
Service tax demand based on third-party income-tax data was contested on exemption and limitation. The services related to construction of a single residential unit under an agreement for construction with material, which fell within the exemption under Notification No. 25/2012-ST; consequently, no service tax was payable. Independently, the agreement evidenced a bona fide belief of non-taxability, and in the absence of suppression or wilful misstatement with intent to evade, the extended period could not be invoked; hence the demand was time-barred. The impugned order was set aside and the appeal was allowed. - CESTAT
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