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...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
The text addresses whether commission receipts relating to alleged sale/export of Indian raw cotton qualify as a non-taxable transfer of immovable property or as taxable services and whether exemption under Notification No.13/2003-ST applies; the documents were held insufficient to prove commission receipts as genuine sales commissions, resulting in denial of exemption. It also examines invocation of the extended assessment period due to undisclosed commission income and audit-detected mismatches, finding suppression with intent to evade service tax and upholding extended-period assessment and confirmed service tax demand for 2010-11 and 2011-12.
The text addresses whether commission receipts relating to alleged sale/export of Indian raw cotton qualify as a non-taxable transfer of immovable property or as taxable services and whether exemption under Notification No.13/2003-ST applies; the documents were held insufficient to prove commission receipts as genuine sales commissions, resulting in denial of exemption. It also examines invocation of the extended assessment period due to undisclosed commission income and audit-detected mismatches, finding suppression with intent to evade service tax and upholding extended-period assessment and confirmed service tax demand for 2010-11 and 2011-12.
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