Transition support services from corporate spinoff for India business segment - TP adjustment deleted; comparables reassessed; goodwill depreciation, ...
Qualification of fire extinguishers as aircraft parts - original duty finding under Notification No.50/2017-Sr.545 vacated; remanded for fresh adjudic...
Reverse charge mechanism for service tax distinguishes the recipients liability from the providers: where law makes the service recipient solely liable to pay, the provider is not answerable for unpaid tax. The Revenue bears the burden to prove fraud, collusion, wilful misstatement or suppression of facts before invoking the extended period of limitation; absent such proof and where the provider had a bona fide belief that liability rested on the recipient, an extended-period demand against the provider cannot be sustained. Result: impugned extended-period demand set aside and appeal allowed.
Reverse charge mechanism for service tax distinguishes the recipients liability from the providers: where law makes the service recipient solely liable to pay, the provider is not answerable for unpaid tax. The Revenue bears the burden to prove fraud, collusion, wilful misstatement or suppression of facts before invoking the extended period of limitation; absent such proof and where the provider had a bona fide belief that liability rested on the recipient, an extended-period demand against the provider cannot be sustained. Result: impugned extended-period demand set aside and appeal allowed.
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