Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
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
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