Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
CESTAT Upholds Adjustment Of Excess Paid Service Tax Towards Subsequent Tax Liability
In a recent case, the CESTAT held that excess service tax paid cannot be adjusted against future tax liabilities if not specifically allowed under the law. The appellant, a software service provider, sought adjustment of excess service tax against subsequent liabilities. CESTAT ruled that such adjustments must be explicitly permitted by law or rules, and in the absence thereof, denied the claim. This decision emphasizes adherence to statutory provisions in tax matters, limiting the scope for adjustments beyond prescribed norms.