Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Whether appellants' receipts constituted taxable "service" or fell within exemptions: Tribunal found generally that, for lack of mandatory documentary proof (agreements, payment particulars, bank statements), the appellant's activities fell within taxable work-contract/service definitions under Section 65B, making them liable to service tax - outcome: liability sustained. Whether extended limitation (proviso to s.73(1)) could be invoked for a specific receipt: on the particular transaction, produced evidence and bona fide belief (certificates, corrected 26AS) established the receipt as supply of goods and/or an exempt service, so invoking the extended period was not justified - outcome: demand on that receipt not confirmed. - CESTAT
Whether appellants' receipts constituted taxable "service" or fell within exemptions: Tribunal found generally that, for lack of mandatory documentary proof (agreements, payment particulars, bank statements), the appellant's activities fell within taxable work-contract/service definitions under Section 65B, making them liable to service tax - outcome: liability sustained. Whether extended limitation (proviso to s.73(1)) could be invoked for a specific receipt: on the particular transaction, produced evidence and bona fide belief (certificates, corrected 26AS) established the receipt as supply of goods and/or an exempt service, so invoking the extended period was not justified - outcome: demand on that receipt not confirmed. - CESTAT
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