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Service Tax - Highlights / Catch Notes

Home Highlights October 2015 Year 2015 This

Demand under Section 87 from debtors of Petitioner – Recovery ...

Service Tax

October 17, 2015

Demand under Section 87 from debtors of Petitioner – Recovery order issued within two days of SCN – Liability of Petitioner yet to be crystallised; Resorting to Section 87 is not permissible - HC

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  1. Proceedings for recovery of service tax demand - When the demand of tax is yet to be adjudicated, it cannot be said as tax payable, for which resort to section 87 of the...

  2. Recovery of service from third party - within two days of issuance of show cause notice, the respondents issued recovery orders against the customers of the petitioners...

  3. Unrealized loss on the commodity derivatives - Even when loss has not yet crystallized, a deduction is to be granted in respect of a reasonably anticipated loss - AT

  4. Recovery of tax u/s 87 from successor of deceased proprietor - SCN was issued to the deceased but could not be adjudicated during his life time - garnishee notices -...

  5. Attachment of petitioner's Bank Account - service tax liability not determined - Without adjudication, no steps for coercive recovery u/s 87 of the Finance Act can be...

  6. Unconditional Release of imported goods - SCN not issued within 6 months of detention of goods - scope of the second proviso to Section 110(2) of Customs Act - since the...

  7. Period of limitation – issuance of SCN or Delivery of SCN - the expression “notice is given” does not logically translate to the conclusion that “notice must be issued...

  8. Prior period expense - Interest liability - Whether liability of earlier years has been crystallized in this year – Deduction allowed - AT

  9. SCN was issued to demand under the category of Transport of goods by air service - demand was confirmed under the category of Cargo handling service - demand set aside - AT

  10. Rejection of VCES declaration - The SCN issued after a period of 30 days of declaration filed under VCES is unsustainable - AT

 

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