Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Service Tax - Highlights / Catch Notes

Home Highlights May 2025 Year 2025 This

CESTAT allowed the appeals, invalidating the show cause notices ...


Limitation Period Bars Tax Reassessment: No Evidence of Intentional Suppression Invalidates Extended Notices Under Section 73(1)

May 21, 2025

Case Laws     Service Tax     AT

CESTAT allowed the appeals, invalidating the show cause notices issued beyond the statutory limitation period. The tribunal found no substantive evidence of intentional suppression of facts or tax evasion. The department could not justify extending the limitation period since prior notices had been issued and the financial documents were publicly available. The tribunal concluded that the Commissioner (Appeals) orders were incorrectly passed, particularly regarding the extended limitation under section 73(1) of the Finance Act. Consequently, the appeals were allowed, setting aside the previous orders and providing consequential relief to the appellant.

View Source

 


 

You may also like:

  1. The HC allowed the appeal, setting aside the order of reassessment dated 30.05.2018 by the Assessing Officer as being barred by limitation under proviso to Section 40 of...

  2. Recovery of service tax alongwith interest and penalty - Extended period of Limitation- The tribunal found that the appellant had disclosed their CENVAT credit in their...

  3. HC held reassessment proceedings initiated u/s 148 were invalid due to statutory limitation u/s 149. The original notice was set aside for lacking mandatory approvals...

  4. Service tax liability in respect of general insurance premium - The Tribunal agreed with the appellant that service tax should be calculated based on the rates effective...

  5. The ITAT held that the reassessment notice u/s 148 for AY 2014-15 and AY 2015-16 was time-barred. For AY 2014-15, the assessee failed to respond within the two-week...

  6. Extended period of limitation - Recovery of service tax - service being taxable but the liability has not been discharged by the appellant - the Department has wrongly...

  7. Extended period of limitation - It is clear that even when an assessee has suppressed facts, the extended period of limitation can be invoked only when “suppression’ is...

  8. Extended period of limitation - works contract - suppression of facts or not - Unless the adjudicating authority had come to a conclusion that the extended period of...

  9. Initiation of CIRP - Period of limitation - to be recognized from the date of NPA or Balance Sheet recognizing the debt - An application under Section 7 of the IBC would...

  10. Period of limitation for filing of Application for initiation of CIRP - an application under Section 7 of the IBC would not be barred by limitation, on the ground that...

  11. HC determined that the service tax demand against the government contractor was invalid. The court found the services were exempted under Mega Exemption Notification No....

  12. HC determined that invoking extended limitation period under First Proviso to Section 73(1) of Finance Act 1994 was unjustified. Following P&B Pharmaceuticals and...

  13. Determining the maintainability of a Section 7 application under the Insolvency and Bankruptcy Code (IBC) based on the date of default and the applicability of...

  14. Invoking the extended period of limitation u/s 11A(1) of the Central Excise Act for recovery of unpaid duty. The key points are: The department alleged suppression of...

  15. Annulling reassessment order - period of limitation - scope of Explanation (1)(ii) appended to section 153(1) - as soon as the order was vacated, the limitation will...

 

Quick Updates:Latest Updates