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Supply of Tangible Goods Services

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2016-VIL-387-GUJ-ST

Service Tax – Supply of tangible goods service – assessee challenge to service tax demand on the ground that it has already paid value added tax on the lease amount and that, therefore, application of service tax would be automatically ousted – maintainability of writ petition

HELD - mere fact that the petitioner has an arguable case would not automatically persuade us to ignore the statutory appellate remedy - Merely because the petitioner argues that not service tax but value added tax would be leviable since the title in the property does not pass on to the lesee would not be a ground to hold that the tax authorities cannot examine and entertain such a contention thus rendering them wholly without jurisdiction - the impugned order states that the petitioner has voluntarily paid value added tax which would not automatically mean that service tax, if otherwise payable, cannot be recovered. Whether the petitioner has paid such tax voluntarily or upon coercion of the department are the issues which can be gone into in statutory appeals, if so filed - petition is not entertained leaving it open for the petitioner to pursue statutory remedy

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Guest Sunday, 19 November 2017

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