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...
Foreign currency remittances were not taxable merely because they were made in foreign currency: the Tribunal held that reverse charge applies only where there is an import of service, so payments linked to import of goods, unidentified transactions, and currency fluctuation entries could not be taxed absent proof of taxable service. Services for events, exhibitions, accommodation and related reimbursements incurred and consumed outside India were outside the taxable territory and not liable to service tax. Reimbursements and year-end accrual entries later reversed were also not taxable for the period involved. The Tribunal further held the dispute was revenue neutral and the extended limitation period was not invocable, so the demand, interest and penalties were set aside.
Foreign currency remittances were not taxable merely because they were made in foreign currency: the Tribunal held that reverse charge applies only where there is an import of service, so payments linked to import of goods, unidentified transactions, and currency fluctuation entries could not be taxed absent proof of taxable service. Services for events, exhibitions, accommodation and related reimbursements incurred and consumed outside India were outside the taxable territory and not liable to service tax. Reimbursements and year-end accrual entries later reversed were also not taxable for the period involved. The Tribunal further held the dispute was revenue neutral and the extended limitation period was not invocable, so the demand, interest and penalties were set aside.
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