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Proviso to section 73 1 of finance act 1994

Webb4 apr. 2024 · Learned Chartered Accountant also contends that the demand is time-barred as the ingredients in proviso to section 73 (1) of Finance Act, 1994 cannot be said to co-exist with pendency of the dispute before various fora till final rendering was handed down by the Honble Supreme Court in re Larsen & Toubro Ltd. 3 P a g e S T / 1 0 9 / 2 0 0 9 - D B Webb9 sep. 2024 · The extended period can only be invoked in terms of proviso to Section 73 (1) of Finance Act, 1994 i.e. only in the cases where ingredients of fraud, collusion, willful mis-statement, suppression of …

EXTENDED PERIOD OF LIMITATION - JUDGEMENTS FROM JUDIS …

Webb16 maj 2016 · Section 73(1) of the Finance Act, 1994 (‘Act’ for short) provides that where any service tax has not been levied or paid or has been short-levied or short-paid or … Webb[ Please Refer: Proviso to Section 78, Finance Act, 1994. ] E.g. If Service Tax determined u/s 73 (2) by Central Excise Officer is Rs. 1,00,000/- on 01-01-2009 and all the three i.e. Service Tax, Interest and Penalty (Reduced Amount) is paid within 30 days then penalty would be Rs. 25,000/- Penalty Increases/Reduces in further appeal: bannu drama https://mobecorporation.com

Extended period of limitation can be invoked only when ... - TaxGuru

WebbIn case of non/ short payment of duty, Section 73 (1) of the Finance Act, 1994 automatically comes into picture and demand is made in terms of that section, to recover the duty so short paid. In case the duty is paid after the relevant date the same gets adjusted by application of the section. Webb10 okt. 2024 · The Bench further held that the issuance of the Demand-cum-Show Cause Notice dated 31.12.2024 was exercised by the authority according to the statutory power conferred upon the respondent authorities under Section 73 of the Finance Act of 1994 and the issuance of the said show cause notice was with jurisdiction. Webb28 sep. 2024 · The Respondent found that the Appellant had violated the provisions of the Exemption Notifications knowingly for the purpose of evading service tax and, therefore, … bannu pics

Section 78B – Transitory provisions – Chapter V of Finance Act, 1994

Category:Extended period not invocable as non-disclosure was based on …

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Proviso to section 73 1 of finance act 1994

OMEGA ELEVATORS v. SERVICE TAX AHMEDABAD CESTAT

WebbSection 166.201, F.S., created by s. 1, Ch. 73-129, Laws of Florida (the Municipal Home Rule Powers Act ), provides: A municipality may raise, by taxation and licenses authorized by the constitution or general law, or by user charges or fees authorized by ordinance, amounts of money which are necessary for the conduct of municipal government and … Webb21 aug. 2024 · Extended Time Limit under proviso to Section 73 (1) of Finance Act can be invoked, if there is positive act of Assessee to conceal anything from Department: …

Proviso to section 73 1 of finance act 1994

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WebbThe Commissioner, thereafter, by order dated May 16, 2013, confirmed the demand of service tax by invoking the extended period of limitation contemplated under the proviso to section 73 (1) of the Finance Act. 11. The aforesaid reference was answered by the Larger Bench of the Tribunal by order dated March 18, 2024. 12. WebbChapter V of Finance Act, 1994 75. 1[Interest on delayed payment of service tax] Every person, liable to pay the tax in accordance with the provisions of section 68 or rules …

Webb11 aug. 2024 · The proviso to section 73(1) of the Finance Act stipulates that where any service tax has not been levied or paid by reason of fraud or collusion or wilful mis … Webb“Telecommunication and Legal Consultancy Service” etc., under the Finance Act, 1994 (hereafter “the Act”). Following an audit of the records by the revenue’s ... the proviso to Section 73 (1) read with Section 66A of the Act, proposing to demand service tax for the extended period. The assessee resisted these notices, ...

WebbSection 73(1) of the Finance Act, 1993 is set out hereinbelow : 1) "Where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously … Webb(i). the date of service of notice under the proviso to sub-section (1) of section 73, the penalty payable shall be fifteen percent of such service tax and proceedings in respect of such service tax, interest and penalty shall be deemed to be concluded.

Webb12 maj 2024 · In terms of section 73 of Finance Act, 1994, the demand can be raised within five years by invoking the extended period of limitation. Admittedly, in this case in hand, the show cause notice dated 6.4.2024 was issued for the period 1.7.2012 to 31.3.2013 which is beyond the period of five years for the said demand.

Webb25 feb. 2015 · The Government should also extend the provisions of Section 73(4B) to show cause notices prior to 6-8-2014, as well. An Explanation below this sub-section … bannu to rawalpindi distanceWebb20 feb. 2011 · Sec. 73(2) further provided that where such person has paid the service tax in full together with interest and penalty under sub-section (1A), the proceedings in … bannung bedeutungWebbChapter V of Finance Act, 1994 Appeals to Appellate Tribunal. 86. (1) 21[Save as otherwise provided herein, an assessee] aggrieved by an order passed by a20[Principal … bannu to islamabad distanceWebb22 juli 2024 · Section 73 and 74 of GST laws provide that the relevant date considered for calculation limitation period to issue show cause notice is the due date for furnishing of … bannu to kohatWebb(a) service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded and no notice has been served under sub-section (1) of section 73 or under the proviso thereto, before the date on which the Finance Bill, 2015 receives the assent of the President; or bannu to swat distanceWebb2 ST/51555/2024 extended period of limitation contemplated under the proviso to section 73 (1) of the Finance Act 19943 with penalty and interest. 2. The appellant is engaged in running food ... bannuaoWebbshall not service any notice under Section 73(1) of the Finance Act, 1994, ‘in respect’ of the duty and interest amount so paid and all the proceedings are concluded. ... However, this proviso has been deleted with effect from 08.04.2011 : Recovery of Tax • bannum mundium