Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
Composite construction contracts were taxable, if at all, as works contract service because the disputed periods fell after that service was introduced and the activities were executed as works contracts. Demands raised under commercial or industrial construction service and construction of complex service were therefore unsustainable and were set aside. On valuation, the appellant was entitled to 67% abatement for works contracts, and the value of free-supplied materials had to be deducted from the taxable value. The Department's attempt to deny abatement on the full receipts, including VAT-paid goods, was rejected, and the resulting tax demands were held unsustainable.
Composite construction contracts were taxable, if at all, as works contract service because the disputed periods fell after that service was introduced and the activities were executed as works contracts. Demands raised under commercial or industrial construction service and construction of complex service were therefore unsustainable and were set aside. On valuation, the appellant was entitled to 67% abatement for works contracts, and the value of free-supplied materials had to be deducted from the taxable value. The Department's attempt to deny abatement on the full receipts, including VAT-paid goods, was rejected, and the resulting tax demands were held unsustainable.
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