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 taxpayer's appeal, setting aside multiple service ...


Tribunal Quashes Rs. 1.24 Crore Service Tax Demands, Finds No Evidence of Evasion in Complex Construction Service Case

May 23, 2025

Case Laws     Service Tax     AT

CESTAT allowed taxpayer's appeal, setting aside multiple service tax demands totaling approximately Rs. 1.24 crore. The Tribunal found no substantive evidence to support Revenue's allegations of clandestine service tax evasion. Key holdings included: (1) preferential location charges were part of integrated construction service, not separate taxable service; (2) club construction costs were pre-development expenses, not membership fees; (3) taxpayer's tax payments precluded additional demands under Point of Taxation Rules; (4) Revenue failed to establish burden of proving taxability through credible documentary evidence. The Tribunal emphasized procedural fairness and rejected unsubstantiated revenue claims, effectively vindicating the taxpayer's tax compliance.

View Source

 


 

You may also like:

  1. CESTAT allowed appeal against multiple service tax demands totaling Rs.1.83 crores. Primary demands included non-reversal of CENVAT credit on exempted services (Rs.1.00...

  2. Direct tax collections for FY 2023-24 as of 17.06.2023 show net collections of Rs. 3,79,760 crore, a growth of 11.18% compared to the preceding year. - Gross collections...

  3. AT adjudicated a foreign exchange contravention case involving unauthorized receipt of funds from outside India. The tribunal found violations under Sections 3(c) and...

  4. Penalty u/s 271B - no tax audit conducted u/s 44AB - bonafide belief - When Gross profit is more than Rs.4 crores, it means the Gross Receipts were definitely more than...

  5. The case involved a dispute regarding the classification of services provided by the appellant as Works Contract Service or Construction of Residential...

  6. CESTAT ruled in favor of appellant regarding service tax liability on GTA services during 2008-2013. The Tribunal determined service tax liability shifted to service...

  7. The Tribunal held that the appellant rightly issued credit notes to government entities that refused payment of consideration and service tax, allowing adjustment of...

  8. CESTAT held that service tax demand against an advocate was improperly raised. The tribunal found no justification for confirming tax liability on professional fees and...

  9. CESTAT adjudicated a service tax dispute involving reimbursable expenses and business auxiliary services. The tribunal ruled in favor of the appellant, finding no valid...

  10. Taxability - advance payments - The Tribunal observed that the appellant failed to issue invoices/bills upon receiving payments for the services provided, as mandated by...

  11. Dispute regarding non-payment/short payment of service tax, tax demand and interest u/ss 73(2) and 75, penalties u/ss 77 and 78 of the Finance Act, 1994, and extended...

  12. Sub-section (1) in Section 5 amended to not levy integrated tax on Extra Neutral Alcohol used for manufacturing alcoholic liquor for human consumption. Section 6A...

  13. The CESTAT held that the extended period of limitation invoked for levying service tax was unsustainable as there was no wilful suppression of facts by the appellant....

  14. The case involved the levy of service tax on various services provided by the appellant. The Appellate Tribunal held that the appellant, as a provider of business...

  15. CESTAT adjudicated a service tax dispute involving import of services, finding no substantive evidence that foreign currency payments constituted taxable imported...

 

Quick Updates:Latest Updates