Recovery of Service Tax dues, of a Company which is under ...

Service Tax Claims Unrecoverable Post-Liquidation if Not Lodged During IBC Proceedings; Demand Notice Invalid.

January 19, 2024

Case Laws Service Tax HC

Recovery of Service Tax dues, of a Company which is under liquidation applying IBC, 2016 - It is thus beyond the two years preceding the commencement of liquidation date and the Company having been liquidated and the respondent having failed to lodge any claim under IBC at any stage of the proceeding under IBC and the sale proceeds having been distributed in terms of the waterfall it may not be permissible to sustain the impugned demand notice. - HC

View Source

← Previous Next →

Recovery of Service Tax dues, of a Company which is under ...

Service Tax Claims Unrecoverable Post-Liquidation if Not Lodged During IBC Proceedings; Demand Notice Invalid.

January 19, 2024

Case Laws Service Tax HC

You may also like:

The case pertains to the extinguishment of claims under the Insolvency and Bankruptcy Code (IBC) against Ruchi Soya Industries Limited, after the acceptance of the...

Service tax demand on Goods Transport Agency (GTA) services rendered on reverse charge basis set aside as appellant did not collect service tax from service recipient....

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...

The CESTAT held: The demand of service tax under 'site formation service' for June 2005 to May 2007 by culling out site formation charges from a composite mining...

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

Demand of service tax from Cooperative Society - principle of mutuality - Consultancy service - no demand - HC

Seeking service tax refund for payment of VAT liability - he petitioner had made the payment of the service tax for the periods in question voluntarily and had never...

When a service provider has already paid 100% service tax on manpower supply and security services, demanding the same service tax from the service recipient, who is...

Section 33 of IBC bars institution of new suits during liquidation process, but allows continuation of pending suits/proceedings, unlike Section 14 which prohibits both....

Liquidation of company - It must be borne in mind that the IBC treats the CIRP and Liquidation process as two separate stages and the proof of claim is to be filed...

Liability to pay service tax for services provided to a foreign entity. The appellant argued that their turnover within the domestic market was below the threshold...

Once a service is subjected to service tax, the same service cannot be taxed again, as it would amount to double taxation, which is impermissible. In this case, even...

Key issues regarding invocation of time limitation for raising demand, levy of penalty, exemption from service tax for bundled services related to the game of cricket,...

A resolution plan was approved for the petitioner on 26.03.2021 under the Insolvency and Bankruptcy Code (IBC). The Municipal Corporation of Delhi (MCD) demanded...

Eligibility to make adjustment of excess service tax paid against future service tax liability - Claim of Excess service tax paid due to issuance of revised invoice -...

Quick Updates: