Just a moment...

⚠✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
>
Keyword Search :
AI Tools : New
Ask tax questions in natural language. Powered by AI trained on the TaxTMI legal database. Use AI Tools ➞
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search ❯
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----❯
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ---- ❯
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
    ManualsService Tax
    Whether there is any provision regarding refund of application fee if applicant withdraw the applica...
    ManualsService Tax
    Whether Advance Ruling Authority can reconsider or review its own order after giving final answer on...
    ManualsService Tax
    Whether Advance Ruling application can be filed for a question related to Circular issued by the Cen...
    ManualsService Tax
    Whether a Government company can apply for a advance ruling ? if yes, whether subsidiary of a govern...
    ManualsService Tax
    Whether appeal can be filed against the order of Advance Ruling Authority ? If no, whether there is ...
    ManualsService Tax
    Whether an appeal can be filed by the person on an entirely different ground, in whose favour decisi...
    ManualsService Tax
    Whether appeal filed by the person other than aggrieved party is maintainable?
    ManualsService Tax
    Whether an appeal can be restored by filing fresh appeal which was earlier rejected on some grounds?
    ManualsService Tax
    Whether proceedings can be reopened on the basis of a favourable decision in another case?
    ManualsService Tax
    Whether a wrong decision by jurisdictional court is binding on the parties in absence of any appeal ...
    ManualsService Tax
    Whether an order becomes a final order if no appeal has been filed against it?
    ManualsService Tax
    Whether right to appeal is a inherent right? Whether it is necessary that right of appeal must be ex...
    ManualsService Tax
    What is the meaning of 'Reason to Believe' in context to search & seizure provisions?
    ManualsService Tax
    Whether in case, composite price (inclusive of service tax) is shown in invoice and no separate duty...
    ManualsService Tax
    Whether Doctrine of unjust enrichment is applicable on finalisation of provisional assessments?
    ManualsService Tax
    Whether Doctrine of unjust enrichment is applicable on duty paid under protest?
    ManualsService Tax
    Whether data in "CD" can be a admissible evidence for refund claim under Section 11B? Whether data i...
    ManualsService Tax
    Whether limitation of refund filing is applicable on the cases where amount paid to the department a...
    ManualsService Tax
    Whether deposit of service tax before rendering services will be covered under limitation of refund...
    ManualsService Tax
    Whether Appellate authority has empowered to increase the penalty? Whether Appellate authority can i...
❮
❯
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

    Open Link
    Notes
    All› Service Tax
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries
    ManualsService Tax
    Whether there is any provision regarding refund of application fee if applicant withdraw the applica...
    Show AI Summary
    Refund of application fee: advance ruling applications are not refundable even if the applicant withdraws the application.
    There is no statutory or regulatory provision permitting refund of fees paid for advance-ruling applications; fees are retained and not returned on withdrawal, a position noted in the Service Tax Practice Manual and reflected in the Authority for Advance Rulings decision cited.
    ManualsService Tax
    Whether Advance Ruling Authority can reconsider or review its own order after giving final answer on...
    Show AI Summary
    Advance ruling review barred except when ruling procured by fraud or misrepresentation, enabling annulment under law.
    The Authority for Advance Rulings lacks jurisdiction to reconsider or review its own ruling absent a substantiated mistake of law or fact or a mistake apparent from the record warranting rectification or amendment under the procedural regulations; however, a previously announced ruling may be declared void ab initio if it is shown to have been obtained by fraud or misrepresentation of facts.
    ManualsService Tax
    Whether Advance Ruling application can be filed for a question related to Circular issued by the Cen...
    Show AI Summary
    Advance ruling jurisdiction excludes Board circulars; notifications by the government are distinct and control admissibility.
    Advance ruling jurisdiction does not extend to Board circulars because the statute expressly contemplates government notifications for advance-ruling purposes while omitting circulars; the power to issue circulars is conferred on the Board under the Central Excise framework made applicable to service tax, whereas notification-making power in the service-tax provisions is vested in the Central Government, producing a statutory limitation on advance-ruling admissibility.
    ManualsService Tax
    Whether a Government company can apply for a advance ruling ? if yes, whether subsidiary of a govern...
    Show AI Summary
    Government company eligibility for advance ruling confirmed; subsidiaries retain separate legal personality and may also apply.
    A government company is eligible to apply for an advance ruling and a subsidiary of a government company may also file because the holding company and each subsidiary are separate legal entities with independent rights to apply; a step-down subsidiary falls within the definition of an applicant, rendering its advance-ruling application maintainable.
    ManualsService Tax
    Whether appeal can be filed against the order of Advance Ruling Authority ? If no, whether there is ...
    Show AI Summary
    Writ remedy against advance rulings where no statutory appeal exists; seek High Court review under constitutional writ jurisdiction.
    No statutory appeal exists against orders of the Advance Ruling Authority; the available remedial route is a writ petition invoking constitutional writ jurisdiction in the appropriate High Court. The Supreme Court has indicated parties should approach the High Court rather than seek direct original jurisdiction at the apex court, and courts are urged to allocate and expedite fiscal writ matters.
    ManualsService Tax
    Whether an appeal can be filed by the person on an entirely different ground, in whose favour decisi...
    Show AI Summary
    Appeal on new grounds barred where party lacks aggrievement; omitted issues may be raised later upon arising.
    An appellant cannot maintain an appeal on entirely new grounds if the assessing or appellate authority has approved the assessee's classification or fully allowed the revenue's prayer, because there is no aggrievement; however, issues not considered by the tribunal may be agitated later when a cause of action arises.
    ManualsService Tax
    Whether appeal filed by the person other than aggrieved party is maintainable?
    Show AI Summary
    Locus standi limits: only aggrieved private parties may challenge tax notices; third-party appeals are not maintainable.
    Only the private operators against whom tax notices are issued possess the requisite standing to challenge those notices; third parties lack authority to prosecute appeals or writs on their behalf, and challenges must be instituted by the directly aggrieved parties through the statutory remedy, who may then raise all issues available to them in accordance with law.
    ManualsService Tax
    Whether an appeal can be restored by filing fresh appeal which was earlier rejected on some grounds?
    Show AI Summary
    Finality of tribunal orders bars fresh appeals, preventing restoration by filing a new appeal against the same order.
    When an appeal has been rejected by the Tribunal there is no scope for entertaining an application for restoration by filing a fresh appeal in respect of the same order; similarly, once a Tribunal order has become final for lack of further appeal, the finality of orders precludes fresh appeals challenging that same order.
    ManualsService Tax
    Whether proceedings can be reopened on the basis of a favourable decision in another case?
    Show AI Summary
    Finality of proceedings: tax assessments cannot be reopened due to another taxpayer's favourable decision without recall in the same case.
    Reopening tax assessment proceedings based on a favourable decision in another assessee's case is ordinarily not permitted; a final order in an assessee's own case remains effective until it is specifically recalled or set aside in that same proceeding.
    ManualsService Tax
    Whether a wrong decision by jurisdictional court is binding on the parties in absence of any appeal ...
    Show AI Summary
    Finality of unappealed decisions: unchallenged jurisdictional rulings bind the parties until lawfully reversed.
    A jurisdictional court's unappealed ruling, even if incorrect, becomes final and binding between the parties and remains so until reversed by a higher forum or other statutory remedy; thus unchallenged classificatory or determinative decisions must be obeyed in subsequent proceedings unless lawfully set aside.
    ManualsService Tax
    Whether an order becomes a final order if no appeal has been filed against it?
    Show AI Summary
    Finality of administrative orders follows when no appeal is filed, and remand directions limit reconsideration scope.
    An administrative order attains finality where an entitled party does not file an appeal against a Tribunal disposition; remand orders limit reconsideration to the specific issues directed by the Tribunal, and parties who do not contest merits before the Tribunal forfeit the ability to re argue those merits, so that authorities acting on remand cannot expand review beyond the remand directions.
    ManualsService Tax
    Whether right to appeal is a inherent right? Whether it is necessary that right of appeal must be ex...
    Show AI Summary
    Right of appeal is not inherent; it exists only when statute creates and defines it, including scope and procedure.
    The right of appeal is not inherent but is a statutory construct: appellate existence, scope and procedure must be authorized by the creating provision; omissions in citation do not automatically bar an otherwise maintainable appeal; absence of an appellate provision does not prevent an order from becoming final.
    ManualsService Tax
    What is the meaning of 'Reason to Believe' in context to search & seizure provisions?
    Show AI Summary
    Reason to believe requires subjective belief grounded in material evidence, preventing arbitrary or capricious searches.
    The concept of reason to believe requires that a subjective opinion be based on material on the record, not arbitrary or whimsical; it must be held in good faith and courts may test whether the reasons have a rational and relevant connection to the formation of belief, excluding extraneous considerations.
    ManualsService Tax
    Whether in case, composite price (inclusive of service tax) is shown in invoice and no separate duty...
    Show AI Summary
    Inclusive pricing does not establish passing on of tax burden; composite invoices alone do not prove unjust enrichment.
    Showing a composite price on an invoice does not, by itself, establish that the supplier passed the tax burden to customers or realized unjust enrichment; where prices remained unchanged after a tax was imposed, inclusive pricing alone is insufficient evidence that any element of tax was added to the price, and proof of an added tax component is required to infer passing on of the tax.
    ManualsService Tax
    Whether Doctrine of unjust enrichment is applicable on finalisation of provisional assessments?
    Show AI Summary
    Doctrine of unjust enrichment excluded where a refund arises only after finalisation of provisional assessment.
    The doctrine of unjust enrichment does not apply to refund claims that arise after the finalisation of provisional assessments; refunds or recoveries consequent on the final determination of duty liability fall outside the interim statutory refund framework and are not barred by unjust enrichment objections.
    ManualsService Tax
    Whether Doctrine of unjust enrichment is applicable on duty paid under protest?
    Show AI Summary
    Unjust enrichment doctrine not bar to refund of duty paid under protest; provisional assessments preserve refund entitlement.
    The doctrine of unjust enrichment does not bar refund claims for duty paid under protest; recoveries or refunds consequent on final determination of duty liability fall outside bars that would deny restitution. Provisional assessments and unresolved price and classification lists render clearances provisional, supporting the taxpayer's entitlement to have refund claims adjudicated on the basis of final liability rather than dismissed as struck by unjust enrichment.
    ManualsService Tax
    Whether data in "CD" can be a admissible evidence for refund claim under Section 11B? Whether data i...
    Show AI Summary
    Admissibility of electronic records: computerised data on CD can support service tax refund claims and show no transfer of tax burden.
    Data on compact disc (CD) can be admissible evidence for service tax refund claims where it constitutes computerised records recognised under the Information Technology Act and the Service Tax Rules. Such electronic records may also be used to prove that the incidence of service tax was not transferred to another party (absence of unjust enrichment), provided the data meets the statutory criteria for admissible computerised evidence and forms part of the assessee's maintained electronic records.
    ManualsService Tax
    Whether limitation of refund filing is applicable on the cases where amount paid to the department a...
    Show AI Summary
    Limitation on refund filings: time-bar inapplicable where payments were not service tax and were excess realisations.
    Limitation under Section 11B(1) applies only to refund claims of a duty of excise and interest; payments not constituting service tax or lawful excise levy are outside that bar and may be refunded. Judicial authorities (M/s Natraj and Venkat Associates; ITC Ltd.) recognise that excess realisations beyond what the statute permits are realisations outside the Act and thus not subject to the statutory limitation on excise refunds.
    ManualsService Tax
    Whether deposit of service tax before rendering services will be covered under limitation of refund...
    Show AI Summary
    Limitation on service tax refunds: late claims are barred unless tax was paid under protest.
    Refunds of amounts paid as service tax are governed by the statutory limitation provisions; where payments were credited to the service tax account and the claimant acknowledged applicability of the limitation rule, a refund claim filed after the limitation period is barred unless the tax was paid under protest.
    ManualsService Tax
    Whether Appellate authority has empowered to increase the penalty? Whether Appellate authority can i...
    Show AI Summary
    Appellate authority power to increase penalties is limited; payment of tax and interest can justify mitigation of penalty.
    Appellate authority does not have power to increase or impose a fresh penalty; payment of tax and interest that neutralises pecuniary advantage is relevant for mitigation, and taxpayer status and proportionality are material in assessing whether a revised penalty is unduly harsh under the statutory penalty framework.

    TMI Notes

    All› Service Tax
    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Home› TMI Notes › Service Tax › Manuals › Category › This
      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters
      Service Tax

      Whether right to appeal is a inherent right? Whether it is necessary that right of appeal must be exist in a statute?

      8 April, 2015

      Contents
      Acts
      Plus +
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Print Options

      25 - Appeals

      No. In the case of Oriental Bank of Commerce [2011 (8) TMI 1059 - SUPREME COURT], It was held that a right of appeal is not an inherent right. None of the facets of natural justice requires that there should be right of appeal from any decision. The extent of power of an appellate forum and the mode and manner of its exercise can always be provided in the provision that creates such right. 

      In the case of M/s Super Cassettes Industries Ltd. [2009 (9) TMI 914 - SUPREME COURT], it was held that it is well known that right of appeal is not a natural or inherent right. It cannot be assumed to exist unless expressly provided for by statute. Being a creature of statute, remedy of appeal must be legitimately traceable to the statutory provisions. It is true that mere omission or error in quoting the provisions would not affect the maintainability of appeal, if otherwise, the order impugned is amenable to appeal.

      In the case of Ashok Leyland Ltd. [2004 (1) TMI 365 - SUPREME COURT OF INDIA], it was held that there is no law that only because no appeal is provided the order would not attain finality.

      Topics

      ActsIncome Tax
      Next ➔