Reassessment disclosure requirements permit stated reasons without revealing information sources, but prior-taxation claims require full examination b...
Independent assessment discretion and corroborated electronic evidence determine validity of on-money additions and undisclosed-consideration assessme...
Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural just...
High Court finds the five-year limitation for service tax recovery applies and subsections 1A and 3 of Section 73 are inapplicable because past dues were paid before issuance of the show cause notice and arose prior to May 2004; outcome: revenue has five years from the appellant's January 29, 2004 payment to raise a claim. The Court upholds taxation of clearing and forwarding services but quashes demands treating bending, bundling and stock verification as part of those services; outcome: those demands are set aside with liberty to tax correctly. The Tribunal's remand on limitation and penalty is set aside and the matter is remitted to the first authority to record evidence and decide, with a reduced penalty and 10% simple interest directed on the consolidated C&F tax demand.
High Court finds the five-year limitation for service tax recovery applies and subsections 1A and 3 of Section 73 are inapplicable because past dues were paid before issuance of the show cause notice and arose prior to May 2004; outcome: revenue has five years from the appellant's January 29, 2004 payment to raise a claim. The Court upholds taxation of clearing and forwarding services but quashes demands treating bending, bundling and stock verification as part of those services; outcome: those demands are set aside with liberty to tax correctly. The Tribunal's remand on limitation and penalty is set aside and the matter is remitted to the first authority to record evidence and decide, with a reduced penalty and 10% simple interest directed on the consolidated C&F tax demand.
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