Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
The note addresses tax treatment of manpower supply services, applying the Service Tax Rules definition of 'supply of manpower' and the reverse charge principle that places service tax liability on the recipient where manpower is supplied by an individual or partnership to a body corporate; the liability for services to RailTel therefore rests with the recipient. It finds invocation of the extended limitation period unsustainable where the issue was already known from an earlier audit, and it sets aside demands made on that basis. It also concludes that penalty for suppression is unwarranted where the supplier declared services and no corroborative evidence of evasion exists.
The note addresses tax treatment of manpower supply services, applying the Service Tax Rules definition of 'supply of manpower' and the reverse charge principle that places service tax liability on the recipient where manpower is supplied by an individual or partnership to a body corporate; the liability for services to RailTel therefore rests with the recipient. It finds invocation of the extended limitation period unsustainable where the issue was already known from an earlier audit, and it sets aside demands made on that basis. It also concludes that penalty for suppression is unwarranted where the supplier declared services and no corroborative evidence of evasion exists.
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