SIGN IN SUBSCRIBE

News Update

New Capital gains regime: CBDT issues FAQsMisc - Royalty not a tax; royalty is contractual consideration paid by mining lessee to lessor for enjoyment of mineral rights & liability to pay royalty arises out of contractual conditions of mining lease: SC CBDGFT simplifies EPCG Scheme procedures to enhance Ease of Doing BusinessKargil Victory Day: PM warns Pak against practising terrorismMisc - Payments made to Government cannot be deemed to be a tax merely because statute provides for their recovery as arrears: SC CBPM GatiShakti Group evaluates five key infrastructure projectsMisc - Since power to tax mineral rights is provided for in Entry 50 of List II, Parliament cannot use its residuary powers in this subject matter: SC CBLadakh's Budget has increased from Rs 1100 Cr to Rs 6000 Cr in last 5 yrsChina pumps in subsidies worth USD 41 bn into car sectorCus - Owner of goods has a liability to pay customs duty even after confiscated goods are redeemed on payment of fine - Interest follows: SCIndian Coast Guard rescues 14 Indian crew from stranded vessel near AlibaugObama endorses Kamala Harris for PresidentI-T- Demand notice issued mechanically merits being quashed, where passed in ignorance of assessment order giving clean chit to assessee: HCIndia discovers Lithium Resources in Mandya and Yadgiri districts of KarnatakaIndia's installed Nuclear Power Capacity to triple by 2031-32: MoSI-T- Penalty rightly quashed where assessment order proposing penalty is itself quashed: ITATGoyal sets USD 50 bn target for footwear industry to achieve by 2030Indian-origin German citizen nabbed with 6 kg of cocaine at IGI AirportIndia to remain steadfast in commitment to nurturing adolescents' talents: Health SecyAI-based SearchGPT to compete with Google: OpenAIDelhi liquor scam: United Spirits CEO summonedVAT - burden of proof lies with Department to verify & approve refunds to ultimate taxpayers: HCBiden to attend QUAD meeting to be held in New Delhi this year

MESSAGE BOARD

   

Service Tax - Cargo Handling Service - Quashing of Show Cause Notice by High Court upheld - Supreme Court


cargo handling service

the final order of the hon'ble supreme court on the merits of the case may be correct. however, one basic question remains about the jurisdiction of the hon'ble high court in entertaining the writ petition. apparently the issue involved was the taxability of a certain activity and this is quarely covered under the phrase 'question having relation to rate of tax for the purposes of assessment' and thus it is beyond the jurisdiction of High Court under section 35G of CEA, 1944 as made applicabe to service tax issues. when appellate jurisdiction is ousted can such an issue be decided in a writ jurisdiction?

M A NARAYANA NARAYANA 26/04/2016

 

Back

TIOL Tube Latest

TIOL Tube
Dr. Shailendra Kumar, Chairman, TIOL Knowledge Foundation, addressing the gathering

TOP NEWS


AR not Afar by SK Rahman

VISION 360



Shri Ram Nath Kovind, Hon'ble 14th President of India, addressing the gathering at TIOL Special Awards event.

TII LATEST

TIOLCORPLAWS LATEST