Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
Effective service requirement: officers must explore alternative service modes beyond the GST portal and afford personal hearing; non-compliance voids...
Payment of service tax by the same legal entity under a different registration or accounting code does not constitute non-payment; tax already discharged on the same taxable event cannot be recovered again, so a duplicate demand for service tax is unsustainable and was set aside. Consequentially, interest and penalties under the Finance Act, 1994 were held not to arise and were also set aside. The tribunal followed a prior Division Bench precedent on the single-entity / inter-unit adjustment issue and allowed the appeal.
Payment of service tax by the same legal entity under a different registration or accounting code does not constitute non-payment; tax already discharged on the same taxable event cannot be recovered again, so a duplicate demand for service tax is unsustainable and was set aside. Consequentially, interest and penalties under the Finance Act, 1994 were held not to arise and were also set aside. The tribunal followed a prior Division Bench precedent on the single-entity / inter-unit adjustment issue and allowed the appeal.
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