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Service Tax - Highlights / Catch Notes

Home Highlights March 2018 Year 2018 This

Service of SCN - There is no attempt to serve the notice in the ...

Service Tax

March 28, 2018

Service of SCN - There is no attempt to serve the notice in the normal process by registered post or speed post - Straight away upon receiving the notice it has been served by affixture - there is no valid service of SCN. - AT

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  1. Speed post versus Registered post - Speed Post has all the principal attributes of registered post - HC

  2. Service of notice - whether speed post is proper service or not - There is nothing on record to show that order sent by speed post was received by the assessee himself.

  3. Notice u/s 148 send through registered post is presumed to be served

  4. Validity of the assessment framed u/s 147 - Proof of service of notice - There was no valid service of notice u/s 148 of the Act in the present case. The finding of the...

  5. Violation of principles of natural justice - SCN not issued - Since there is no material to indicate that the Show Cause Notice was sent by speed post with...

  6. Availability of Speed Post dispatch particulars in MEIS module

  7. Notice under section 143(2) of the Act - Subsequent attempt to serve another notice under section 143(2) long after the expiry of the limitation period - not valid - HC

  8. Service of order - appeal rejected on the ground of time limitation - burden to prove - The word used in section 128 as well as 153 is communication of the decision,...

  9. As per Section 37C(1)(a), it was mandatory to serve a copy of the order of Commissioner (Appeals) by registered post with acknowledgment due to the assessee. - delivery...

  10. Delay in filing of appeal - receipt of order after 2 years - At the relevant time there was no provision for sending the order by speed post. - The Commissioner...

 

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