Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
Imported marketing services received from abroad were held taxable under reverse charge where the appellant had already admitted the commission-based service tax liability and paid tax with interest before notice, so that demand was sustained. Separate bonus payments under a share purchase agreement were treated as consideration for continued marketing and business promotion services, not as part of the share purchase price, because they were contingent on managerial performance and turnover conditions; that demand was also upheld as Business Auxiliary Service. The Tribunal further found suppression of facts from the department, so the extended period of limitation applied. Penalty under Section 78 was reduced to the amount relating to the bonus payment demand, and penalty under Section 77 was set aside.
Imported marketing services received from abroad were held taxable under reverse charge where the appellant had already admitted the commission-based service tax liability and paid tax with interest before notice, so that demand was sustained. Separate bonus payments under a share purchase agreement were treated as consideration for continued marketing and business promotion services, not as part of the share purchase price, because they were contingent on managerial performance and turnover conditions; that demand was also upheld as Business Auxiliary Service. The Tribunal further found suppression of facts from the department, so the extended period of limitation applied. Penalty under Section 78 was reduced to the amount relating to the bonus payment demand, and penalty under Section 77 was set aside.
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