Tariff classification determines GST schedule and rate; beverages in Schedule III attract the higher rate, tea extracts and syrups in Schedule I attra...
Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Dominant issue: whether extended limitation under s.73(1) Finance Act applies for alleged suppression. Held that "suppression of facts" requires wilful concealment with intent to evade tax, and mere disclosure in published accounts and an unelaborated allegation in the notice cannot sustain extended limitation; extended period cannot be invoked. Substantive issue: whether amounts under two development agreements attract service tax. Held that transfer of undivided land interest to developers was in consideration of the developers' payment and constituted transfer of ownership, not a taxable service; therefore those receipts are not leviable. Miscellaneous receipts shown under s.194J are not automatically taxable and, even if taxable, fell below the annual threshold - no service tax liability; impugned order set aside. - CESTAT
Dominant issue: whether extended limitation under s.73(1) Finance Act applies for alleged suppression. Held that "suppression of facts" requires wilful concealment with intent to evade tax, and mere disclosure in published accounts and an unelaborated allegation in the notice cannot sustain extended limitation; extended period cannot be invoked. Substantive issue: whether amounts under two development agreements attract service tax. Held that transfer of undivided land interest to developers was in consideration of the developers' payment and constituted transfer of ownership, not a taxable service; therefore those receipts are not leviable. Miscellaneous receipts shown under s.194J are not automatically taxable and, even if taxable, fell below the annual threshold - no service tax liability; impugned order set aside. - CESTAT
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
