Opportunity to furnish unsecured-loan confirmations is required before reassessment initiation; proceedings require fresh consideration after taxpayer...
Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
A non-speaking appellate order was set aside because it gave no reasons for reversing the original authority's contract-wise findings on works contract classification, exemption under Notification No. 25/2012-ST, reverse charge and valuation. The Tribunal held that, where the demand arose from earlier proceedings under Section 73(1A) and the same category of services had already been examined, consistency required the appellate authority to follow the earlier findings unless new material or a change in law was shown. As no such distinction was recorded, the finding of no short payment was restored and no further service tax, interest or penalty survived.
A non-speaking appellate order was set aside because it gave no reasons for reversing the original authority's contract-wise findings on works contract classification, exemption under Notification No. 25/2012-ST, reverse charge and valuation. The Tribunal held that, where the demand arose from earlier proceedings under Section 73(1A) and the same category of services had already been examined, consistency required the appellate authority to follow the earlier findings unless new material or a change in law was shown. As no such distinction was recorded, the finding of no short payment was restored and no further service tax, interest or penalty survived.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4916 
