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Service Tax - Highlights / Catch Notes

Home Highlights August 2022 Year 2022 This

Validity of order quashing the show cause notice (SCN) by the ...


Higher Court Restores Service Tax Show Cause Notice, Emphasizes Authority u/s 73 to Issue Without Preliminary Determination.

August 1, 2022

Case Laws     Service Tax     HC

Validity of order quashing the show cause notice (SCN) by the writ court - Recovery of service tax not levied or paid or short-levied or short-paid or erroneously refunded - The learned single Bench in the earlier order, which we have quoted above, has stated that the department has an obligation to determine whether the writ petitioner is receiving support service from the Government and it is only thereafter a show cause notice can be issued. This finding rendered by the learned Writ Court is contrary to section 73 of the Act and therefore, the same does not reflect the correct legal position. - SCN restored - HC

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