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...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Refund claim for service tax on resurfacing and allied works at a defence installation is permissible where exemption entry previously applied and similar reintroduced entry covers identical services; consequence: services rendered when exemption prevailed remain eligible. Rule 2As liberal scope includes resurfacing as additions or alterations, and stamp duty requirement does not apply where stamp duty is inapplicable, so contracts need not satisfy that clause. Section 103 provides a self-contained refund code excluding Section 11B unjust enrichment and differing limitation; consequence: refund entitlement depends on satisfying Section 102/103 conditions. Operative relief: remand for decision after impleading the service recipient.
Refund claim for service tax on resurfacing and allied works at a defence installation is permissible where exemption entry previously applied and similar reintroduced entry covers identical services; consequence: services rendered when exemption prevailed remain eligible. Rule 2As liberal scope includes resurfacing as additions or alterations, and stamp duty requirement does not apply where stamp duty is inapplicable, so contracts need not satisfy that clause. Section 103 provides a self-contained refund code excluding Section 11B unjust enrichment and differing limitation; consequence: refund entitlement depends on satisfying Section 102/103 conditions. Operative relief: remand for decision after impleading the service recipient.
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