Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Income-tax exemption for specified regulatory fees and government grants applies subject to non-commercial activity and continuing compliance conditio...
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Delayed payment charges linked to stock broking transactions were held not taxable as declared service because the adjudication travelled beyond the show cause notice and, on merits, the charges were compensation for the time value of money advanced by the broker and fell within the negative list relating to interest on loans or advances. The demand for service tax on that component was set aside. Delayed payment charges connected with DEMAT account maintenance were treated differently: they related to non-payment for DEMAT services themselves, were taxable as consideration for tolerating the customer's default, and the demand was sustained together with equal penalty. The extended period and penalty were upheld only to that extent.
Delayed payment charges linked to stock broking transactions were held not taxable as declared service because the adjudication travelled beyond the show cause notice and, on merits, the charges were compensation for the time value of money advanced by the broker and fell within the negative list relating to interest on loans or advances. The demand for service tax on that component was set aside. Delayed payment charges connected with DEMAT account maintenance were treated differently: they related to non-payment for DEMAT services themselves, were taxable as consideration for tolerating the customer's default, and the demand was sustained together with equal penalty. The extended period and penalty were upheld only to that extent.
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