Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4814 
Join Channel 
