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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.

Citation / case number
SC 2005/2522
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE, VADODARA-I
Respondent
M/S. GUJARAT CARBON & INDUSTRIES LTD.
Author
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court addressed the applicability of Sections 76 and 77 of the Finance Act, 1994, regarding penalties for service tax non-compliance. It held that service availers, as opposed to service providers, are not liable for service tax under the provisions of the Finance Act, as established in Laghu Udyog Bharti & Ors. v. Union of India. The Court upheld the Tribunal's decision to drop the show cause notice against the respondents, reinforcing the interpretation of service tax liability.

COMMNR. OF CENTRAL EXCISE, VADODARA-I vs M/S. GUJARAT CARBON & INDUSTRIES LTD. · Niyam