The court held that the show cause notice issued by the ...

Show cause notice alleging non-payment of service tax quashed due to finality of scheme approval.

Case Laws     Service Tax

August 20, 2024

The court held that the show cause notice issued by the respondents alleging non-payment of service tax by the petitioner for the financial year 2013-14 was without jurisdiction. The basis of the show cause notice was that the High Court had approved the scheme of arrangement without considering its contravention to the Finance Act, 1954 and the Rules. However, the court observed that if the respondents were aggrieved by the order approving the scheme, they should have challenged it, but they did not. The order sanctioning the scheme has attained finality. Additionally, the Gujarat High Court had previously quashed a similar show cause notice under the excise law for the same petitioner. Agreeing with the Gujarat High Court's decision, the court exercised its discretion under Article 226 of the Constitution and quashed the impugned show cause notice.

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