
Abhishek Raja "Ram"
about 1 year ago
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ššš¦š§šš§ š”š²š šš²š¹šµš¶ š„šš¹š¶š»š“ š¼š» š¦šš šš®šæš± š§šæš®š±š¶š»š“ š®š»š± š¦š²šæšš¶š°š² š§š®š š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: "Buying and selling of SIM cards and recharge coupons do not amount to provisioning of service and are not taxable under business auxiliary service. A second show cause notice invoking the extended period of limitation is invalid."
š šš®š°šš: šš¼šŗš½š®š»š: M/s J.K. Enterprises ššššš²: Whether trading in SIM cards and recharge coupons constitutes business auxiliary service and whether the second show cause notice was valid. šš°šš¶šš¶šš: Bought and sold SIM cards and recharge coupons under a super distributor agreement with M/s Vodafone Essar Digilink Ltd.
āļø ššš±š“š²šŗš²š»š: The Tribunal ruled that M/s J.K. Enterprises' trading of SIM cards and recharge coupons does not constitute a business auxiliary service. It invalidated the second show cause notice due to prior Departmental awareness, set aside the notice, and allowed the appeal.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s J.K. Enterprises vs. Principal Commissioner, Central Excise Commissionerate, Alwar š¢šæš±š²šæ šš®šš²: 19 January 2023 š This judgment affirms that trading in SIM cards and recharge coupons is not taxable under business auxiliary service and limits the scope of extended limitation in such cases.
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