Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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.
Note: It is a system-generated summary and is for quick reference only.