Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Customs jurisdiction defined for Principal Commissioner, Vishakhapatnam, covering specified ports, districts and India's adjacent EEZ; effective on pu...
The statutory refund provision applied to service tax establishes a rebuttable presumption that the incidence of tax was passed to the consumer; where tax was paid but not payable, refundable amounts must be credited to the Consumer Welfare Fund unless the claimant proves the burden was not passed. A third-party or departmental No Objection Certificate cannot override that statutory scheme or permit refund to a party who did not bear the tax incidence. Recovery of an erroneously sanctioned refund is governed by the statutory recovery procedure for erroneous refunds, not by the refund provision itself.
The statutory refund provision applied to service tax establishes a rebuttable presumption that the incidence of tax was passed to the consumer; where tax was paid but not payable, refundable amounts must be credited to the Consumer Welfare Fund unless the claimant proves the burden was not passed. A third-party or departmental No Objection Certificate cannot override that statutory scheme or permit refund to a party who did not bear the tax incidence. Recovery of an erroneously sanctioned refund is governed by the statutory recovery procedure for erroneous refunds, not by the refund provision itself.
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