Issues: (i) Whether the available CENVAT credit balance could be adjusted against the confirmed service-tax demands and consequential interest; (ii) Whether penalty was imposable for failure to file ST-3 returns and disclose taxable services.

Issue (i): Whether the available CENVAT credit balance could be adjusted against the confirmed service-tax demands and consequential interest.

Analysis: The appellant had a sufficient CENVAT credit balance as on 30 June 2017 to meet the liabilities arising under both show-cause notices. The availability of such credit did not excuse the failure to file service-tax returns, but the credit balance was available for adjustment against the confirmed service-tax liabilities.

Conclusion: The CENVAT credit balance was permitted to be adjusted against the service-tax demands; consequently, no service-tax demand or interest remained payable.

Issue (ii): Whether penalty was imposable for failure to file ST-3 returns and disclose taxable services.

Analysis: The appellant had not filed the ST-3 returns within time and had not declared the taxable services. These defaults warranted penal consequences despite adjustment of the tax liability through available credit.

Conclusion: Penalty under Section 78 was sustained but reduced to 25% of the service tax payable.

Final Conclusion: The available CENVAT credit extinguished the tax and interest consequences of the confirmed demands, while a reduced statutory penalty remained payable for non-compliance with return-filing and disclosure obligations.

Issues: Whether contract manufacture of alcoholic liquor for a brand owner was liable to service tax for the disputed periods.

Analysis: Under the Negative List Regime, with effect from 1 June 2015, alcoholic liquor for human consumption was excluded from the exclusion available to processes amounting to manufacture or production of goods. Binding Precedent distinguished manufacture by and for oneself from Contract Manufacturing or Job Work undertaken for another person for consideration; the latter constitutes a taxable service. The authorities relied on by the appellant did not address the applicable negative-list framework and were therefore inapplicable.

Conclusion: Contract manufacture of alcoholic liquor for a brand owner constituted a taxable service, and service tax was payable on the activity.

Issues: (i) Whether reassessment founded exclusively on an alleged withholding-tax default and resulting disallowance could continue after the assessee was found not to be an assessee-in-default; and (ii) Whether an unspecified alternative basis could sustain such reassessment after the stated basis failed.

Issue (i): Whether reassessment founded exclusively on an alleged withholding-tax default and resulting disallowance could continue after the assessee was found not to be an assessee-in-default.

Analysis: The determination in proceedings under Sections 195 and 201 established that the payee had no tax liability, that no withholding-tax obligation arose, and that the assessee could not be treated as an assessee-in-default. The proposed disallowance under Section 40(a)(i) was solely consequential to the alleged failure to deduct tax. That foundation for reassessment under Sections 147 and 148 was therefore untenable.

Conclusion: Reassessment based on the alleged withholding-tax default and consequential disallowance was unenforceable.

Issue (ii): Whether an unspecified alternative basis could sustain such reassessment after the stated basis failed.

Analysis: The reassessment notice identified only the alleged default under Section 201 and the resulting disallowance under Section 40(a)(i) as the basis for income escaping assessment. An alternative ground not forming part of that stated basis could not subsequently be used to sustain the reassessment.

Conclusion: No unspecified alternative ground could support the reassessment after its disclosed basis failed.

Final Conclusion: The reassessment proceedings for the relevant assessment years were required to be closed as unenforceable.

Ratio Decidendi: Where reassessment is initiated solely on an alleged withholding-tax default, a binding finding that no withholding obligation or assessee-in-default status exists renders the consequential disallowance and reassessment unsustainable; undisclosed alternative grounds cannot cure that failure.

Issues: Whether dupatta is classifiable as exempt woven fabric under Entries 3 to 10 of Part A of the Fourth Schedule rather than as fibres under Entry 49 of Part B of the First Schedule.

Analysis: The applicable framework requires goods to be placed in the entry that most appropriately describes their functionality and appearance. Dupatta comprises woven fabric and cannot fall within an entry confined to fibres. Its specified length does not displace its character as fabric. Under the specific-entry principle, residual classification is available only where no scheduled entry specifically covers the goods; the woven-fabric entries are the appropriate entries for dupattas according to their material.

Conclusion: Dupatta is classifiable under Entries 3 to 10 of Part A of the Fourth Schedule and is exempt from tax; classification under Entry 49 of Part B of the First Schedule is incorrect.

Issues: Whether reassessment could be initiated where the entire payment had already been disallowed and no income prima facie remained to have escaped assessment.

Analysis: The earlier disallowance of the total payment prima facie left no income escaping assessment, indicating an absence of the jurisdictional fact necessary to invoke reassessment proceedings.

Outcome: Notice issued and reassessment proceedings stayed pending final hearing.

Issues: Whether investments in plant and machinery of two industrial units under the same ownership, situated at different locations, could be clubbed to determine their status as micro and small enterprises for concessional Central sales tax.

Analysis: The concessional-tax notification extended the benefit to dealers enjoying the status of a micro or small enterprise under the Micro, Small and Medium Enterprises Development Act, 2006. The subsequent explanation expressly provided that investments in plant and machinery of different enterprises under the same ownership shall not be clubbed. The explanation was treated as clarificatory of the applicable classification. The material did not establish mutuality of business interest, common funding, or financial flow-back between the two separately situated units. Common ownership alone was insufficient to justify non-clubbing of investments. An exemption notification is to be liberally applied once the prescribed eligibility conditions are fulfilled.

Conclusion: The two units were required to be treated as separate enterprises, and their investments could not be clubbed; the assessee was entitled to the concessional-tax benefit.

Issues: Whether an ex parte adjudication order could stand where the show-cause notice was served only through the common portal after cancellation of the taxpayer's registration.

Analysis: Proceedings under Section 73 of the Uttar Pradesh Goods and Services Tax Act, 2017 were initiated through a show-cause notice uploaded only on the common portal. Following cancellation of registration, the taxpayer could reasonably remain unaware of proceedings conducted through that portal. The Commissioner of Commercial Tax, U.P.'s circular requiring physical service of notice in post-cancellation adjudication proceedings recognised this practical impediment and was binding upon subordinate authorities.

Conclusion: The ex parte adjudication order was set aside, with liberty to submit a reply and seek cross-examination or relied-upon documents; fresh adjudication was directed after adequate prior notice of personal hearing.

Issues: Whether the net eligible GST refund could be appropriated against demands under challenge after payment of the prescribed 20% pre-deposit and the resulting statutory stay of recovery.

Analysis: Sections 112(8) and 112(9) of the Central Goods and Services Tax Act, 2017 require the prescribed pre-deposit for an appeal before the Tribunal and provide for stay of recovery of the balance demand. The assessee had paid 10% at the first-appellate stage and a further 10%, and had filed its Tribunal appeal. The CBIC Circular dated 11.07.2024 also clarified that recovery remains stayed upon payment of the prescribed pre-deposit. Consequently, recovery of the balance demand for the relevant financial years was stayed, and adjustment of the determined refund against that demand was impermissible.

Conclusion: The net eligible refund of Rs.64,01,750 could not be appropriated against the disputed demand; the appropriation was required to be reversed and the amount restored to the assessee.

Issues: Whether car radio units imported as completely built units or as unassembled semi-knocked-down kits are classifiable under Customs Tariff Item 8527 21 00.

Analysis: The units are automotive infotainment apparatus designed for installation in motor vehicles, dependent on the vehicle's external power supply, and equipped with FM/AM radio reception and integrated sound-reproducing functionality through an amplifier and connection to vehicle speakers. Their touchscreen, Bluetooth, Wi-Fi, USB, camera-input, audio/video playback and phone-mirroring functions are integrated or ancillary features and do not displace their essential character as motor-vehicle radio-broadcast receivers. The specific tariff description under Heading 8527 therefore applies. The SKD components, when imported together, comprise the principal components of the unit and require only simple fastening, limited soldering, testing and configuration after import. They consequently possess the essential character of the finished unit and are to be treated as the complete article under Rule 2(a).

Conclusion: Car radio units imported as CBU units or as SKD kits possessing the essential character of the finished unit are classifiable under Customs Tariff Item 8527 21 00, subject to compliance with applicable BIS certification requirements at import.

Issues: Whether ex parte adjudication under Section 73 based solely on notices uploaded to the common portal could be sustained after cancellation of the assessee's registration.

Analysis: In proceedings under Section 73 of the Uttar Pradesh Goods and Services Tax Act, 2017, portal-only service was treated as inadequate in the post-cancellation context, particularly where physical-mode service had already been regarded as necessary in the earlier proceedings. Repetition of the same mode of service deprived the assessee of an effective opportunity to respond and violated the principles of natural justice.

Conclusion: The ex parte Section 73 adjudication orders were set aside, with an opportunity to file a reply and undergo fresh adjudication.

Issues: Whether initiation of proceedings under Section 74 on the turnover already subjected to audit and discharged by the taxpayer warranted interim protection.

Analysis: The audit material and closure intimation indicated that tax liability on the relevant turnover had been discharged. The subsequent Section 74 action treated the turnover adjustment as wilful misstatement. Prima facie, the material did not demonstrate satisfaction of the statutory conditions of fraud, wilful misstatement, or suppression of facts to evade tax required for invoking Section 74.

Outcome: Notice was issued and coercive action pursuant to the Section 74 order was restrained until the next hearing.

Issues: (i) Whether road-restoration charges paid for request-driven road repairs facilitating a business pipeline project constitute consideration for a taxable supply and are excluded from the claimed non-supply or exemption treatment; (ii) Whether GST on those charges is payable by the recipient under reverse charge and whether the tax is refundable under Section 54; (iii) Whether the absence of a physical DIN and the alleged vagueness of the refund notice invalidate the electronic adjudication.

Issue (i): Whether road-restoration charges paid for request-driven road repairs facilitating a business pipeline project constitute consideration for a taxable supply and are excluded from the claimed non-supply or exemption treatment.

Analysis: Sections 7(1) and 2(31) of the Central Goods and Services Tax Act, 2017 cover a planned arrangement under which permission to cut a public road is followed by specifically quantified restoration work for a fee. The payment had direct reciprocal nexus with the road-repair service and was not liquidated damages or unilateral compensation for breach. Although routine public-road maintenance may constitute a sovereign function under Articles 243G and 243W of the Constitution of India, customised restoration undertaken at the request of a business entity to facilitate its commercial project was not a public utility service for the general populace. The non-supply treatment under Section 7(2)(b) and Notification No. 14/2017-Central Tax (Rate), and the exemption under Notification No. 12/2017-Central Tax (Rate), were unavailable. Strict construction of exemption notifications also applied, particularly because Serial No. 6(d) excludes services supplied by Government or a local authority to a business entity from the general exemption.

Conclusion: The road-restoration charges are consideration for a taxable supply and do not qualify for non-supply or exemption treatment. The finding is against the assessee.

Issue (ii): Whether GST on those charges is payable by the recipient under reverse charge and whether the tax is refundable under Section 54.

Analysis: Serial No. 5 of Notification No. 13/2017-Central Tax (Rate) places the reverse charge liability on a business entity receiving taxable services from Government or a local authority. No evidence established that tax on the specific service had been charged and deposited under forward charge. The statutory reverse charge mechanism could not be displaced by an assertion of double taxation or revenue neutrality.

Conclusion: GST was correctly payable by the recipient under reverse charge, and no refund of that tax is available under Section 54. The finding is against the assessee.

Issue (iii): Whether the absence of a physical DIN and the alleged vagueness of the refund notice invalidate the electronic adjudication.

Analysis: The notice sufficiently disclosed the factual and legal basis concerning the taxability of request-driven commercial road restoration, and the detailed reply demonstrated absence of prejudice. The application, notice, reply, and orders were processed through the authenticated GST portal, establishing their source, integrity, and authenticity. The absence of a physical DIN did not occasion a breach of principles of natural justice or invalidate the electronic proceedings.

Conclusion: The electronic adjudication remains valid despite the absence of a physical DIN, and the procedural objections fail. The finding is against the assessee.

Final Conclusion: Payments for the customised restoration of public roads undertaken to enable a business project remain subject to GST under reverse charge, with no substantive or procedural basis to disturb the rejection of the refund claim.

Ratio Decidendi: A payment for customised road restoration undertaken by a Government authority at the request of a business entity is consideration for a taxable service and is outside the public-function non-supply and exemption treatment, making the recipient liable under reverse charge.

Issues: Whether reopening the assessment for the relevant assessment year was sustainable where the alleged unsecured loans had been received in the preceding assessment year and only interest entries appeared during the year under consideration.

Analysis: Reassessment under Section 148, following the procedure under Section 148A, requires material indicating income chargeable to tax that escaped assessment in the assessment year sought to be reopened. The undisputed records showed that the unsecured loans had been availed in the preceding year and disclosed in the ledger, whereas only interest expenditure was credited during the relevant year. The amounts stated as unsecured loans in the reopening material also did not correspond with the interest amount reflected in the ledger.

Conclusion: The reopening for the relevant assessment year lacked a sustainable basis, as the alleged loan transactions did not pertain to that year. The issue was decided in favour of the assessee.

Issues: Whether reassessment proceedings could be initiated on the premise that Bitcoin transactions were not disclosed, when the assessee had disclosed the relevant sales, purchases, stocks and income in the return and supporting material.

Analysis: Sections 148 and 148A of the Income-tax Act, 1961 require the formation of a valid basis for treating income as having escaped assessment. The return, the reply to the show-cause notice and the reconciliation statement disclosed the cryptocurrency sale transactions, purchases, opening and closing stock, and resulting income. The absence of a separate reporting head for cryptocurrency transactions in the return form did not establish non-disclosure. The premise that the Bitcoin transactions had not been disclosed was therefore factually incorrect.

Conclusion: The notice under Section 148 and the order under Section 148A(d) were quashed in favour of the assessee.

Issues: Whether reassessment on the capital loss arising from sale of immovable properties could be initiated after scrutiny assessment without any fresh tangible material.

Analysis: The original scrutiny proceedings specifically sought details concerning the sale consideration, capital gains or loss, purchase deeds, co-owners' shares and supporting land records. The assessee furnished the requisite material, and the assessment completed under Section 143(3) accepted the disclosed long-term capital loss. The subsequent reopening concerned the same transactions and computation, without any fresh tangible material or information indicating escapement of income. It was therefore founded solely on a change of opinion.

Conclusion: The reassessment order and notice were invalid as they were based on a mere change of opinion and were quashed.

Issues: Whether the assessment, penalty proceedings and revisional order could survive where the taxpayer's PAN had been wrongly linked to bank accounts and transactions belonging to a company.

Analysis: The impugned assessment was framed under Sections 144 and 144B of the Income-tax Act, 1961, followed by penalties under Sections 271AAC(1) and 272A(1)(d), while the challenge to those actions was rejected in revision under Section 264. The respondents' admissions established that the relevant bank accounts and cash transactions belonged to a company and that the taxpayer's PAN had been incorrectly linked with those accounts. The factual foundation for attributing the transactions and consequent income to the taxpayer was therefore absent.

Conclusion: The taxpayer was not liable to tax or penalty in respect of the transactions of the company, and the assessment order, penalty orders, demands and revisional order were set aside.

Issues: Whether the Revenue established sufficient cause to condone the 781-day delay in re-presenting its tax case appeals.

Analysis: Although an application concerning delay in re-presentation is not tested as rigorously as an application under Section 5 of the Limitation Act, it requires a reasonable, plausible and bona fide explanation covering the entire delay. General assertions of administrative workload, simultaneous filing of other appeals, voluminous records and procedural requirements did not account for the prolonged inaction. Government departments are equally bound by limitation and cannot claim condonation merely on the basis of bureaucratic process. Consistency also required the same approach adopted when the assessee's delayed appeals challenging the same appellate order were not entertained.

Conclusion: The Revenue failed to show sufficient cause for the 781-day delay; condonation was declined, in favour of the assessee.

Issues: Whether transitional CENVAT credit carried forward through TRAN-1 may be reversed with interest after withdrawal of a pre-GST refund claim.

Analysis: A refund claim is a voluntary statutory remedy and may be withdrawn before its final adjudication. On withdrawal, the refund claim becomes non est. No allegation or finding established that the accumulated CENVAT credit was ineligible. In the absence of ineligible credit or a condition requiring compliance with Notification No. 27/2012-C.E. (N.T.) for carry-forward of such credit, reversal of the TRAN-1 credit and consequential interest was unsustainable.

Conclusion: Transitional CENVAT credit validly carried forward through TRAN-1 cannot be reversed, nor can interest be demanded, merely because a refund claim for that credit had been withdrawn before final adjudication.