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...
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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