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august 2008

Supreme Court of India · 2008-08-18

Commnr. Of Central Excise, Vadodara-I vs M/S. Gujarat Carbon & Industries Ltd

Court
Supreme Court of India
Petitioner
Commnr. Of Central Excise, Vadodara-I
Respondent
M/S. Gujarat Carbon & Industries Ltd
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court ruled that service availers are not liable to pay service tax under the Finance Act, 1994, as established in Laghu Udyog Bharti & Ors. v. Union of India. The Court held that retrospective amendments under Section 117 of the Finance Act, 2000 do not impose liability on service availers for past transactions. Consequently, the show cause notices issued for penalties under Sections 76 and 77 were invalid, leading to the dismissal of the appeals against the Tribunal's decisions.

Commnr. Of Central Excise, Vadodara-I vs M/S. Gujarat Carbon & Industries Ltd · Niyam