Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
The dominant issue was whether service tax demand and penal consequences for works contract and allied construction activities could be sustained despite the assessee's declaration under the VCES and documentary evidence on taxability. The adjudicating authority treated the VCES declaration as covering outstanding dues for the relevant period, undermining the Revenue's allegation of non-payment and suppression, and found on record that some activities were exempt while tax on taxable activities had been discharged either under the composition scheme or through VCES payment. Consequently, no infirmity was found in the impugned order, and the Revenue's appeal was dismissed. - CESTAT
The dominant issue was whether service tax demand and penal consequences for works contract and allied construction activities could be sustained despite the assessee's declaration under the VCES and documentary evidence on taxability. The adjudicating authority treated the VCES declaration as covering outstanding dues for the relevant period, undermining the Revenue's allegation of non-payment and suppression, and found on record that some activities were exempt while tax on taxable activities had been discharged either under the composition scheme or through VCES payment. Consequently, no infirmity was found in the impugned order, and the Revenue's appeal was dismissed. - CESTAT
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