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- Whether penalty can be imposed if the issue involves interpretation of law ?
Whether penalty can be imposed if the issue involves interpretation of law ?
Issue Favourable to Tax Payer ?:- yes
Held - We are of the view that when the question of interpretation of law caused confusion to both sides, such a case could not be held to be a case of intention to evade tax liability, therefore no penalty would also be leviable in the instant case. Thus for re-determination of the tax liability for the normal period and for non-imposition of penalty for that period, the matter was to be sent back to the adjudicating authority to re-determine.....
Issue Favourable to Tax Payer ?:- yes
Held -It was submitted that there is no question of any misdeclaration or suppression with intent to evade service tax by the appellant. Service tax was introduced on 16-7-2002. They entertained bona fide belief that the activities undertaken by them are not covered under the purview of service tax during the relevant period. It was submitted that the show cause notice having been issued on 18-10-2006 relating to the period of 21-8- 2002 to 2-.....
Issue Favourable to Tax Payer ?:- yes
Held - In this case it has been stressed that the appellant is not rendering services exclusively for the finance companies. Their main object is to promote their own business. Is it a case, where the appellant is rendering services to the finance companies. Is it a case, the finance company is rendering services to the appellant. Or is it a case, the appellant is rendering services to the buyer of the vehicles. In any way the appellant is bas.....
- Whether reimbursement of expenses is leviable to GST?
- Whether input tax credit is admissible if invoice/debit note does not appear in Form GSTR-2A/2B or tax is not paid by supplier ?
- Whether marketing and sales promotion services to customers located outside India is intermediary or export of services ?
- Whether order / show cause notice is valid if passed without pre-show cause notice consultation or GST DRC-01 (summary SCN) or GST DRC-01A (tax intimation notice) ?
- Whether recovery proceedings can be initiated if assessee is willing to file an appeal ?
- Whether input tax credit can be transferred to the transferee entity in case of an inter-state business transfer ?
- Whether interest is payable for the period during which the reply to the deficiency memo remains pending ?
- Whether combined show cause notice can be issued covering multiple financial years ?
- Whether tax can be recovered by Department without prior intimation in Form DRC-01D ?
- Whether a penalty equal to 200% of the tax amount can be demanded in case of detention or seizure of goods ?