Wednesday, May 20, 2015

Issue of refund under ‘SEZ exemption notification’ is appealable to SC and not HC

Issue involving refund under ‘SEZ exemption notification’ is appealable to SC and not HC


[2015] 57 taxmann.com 74 (Bombay)
HIGH COURT OF BOMBAY
Commissioner of Central Excise & Service Tax, Pune
v.
Credit Suisse Services (I) (P.) Ltd.
Question 'whether services wholly consumed by SEZ were non-taxable/exempt ab initio and whether therefore, exemption Notification 9/2009-ST was inapplicable' has relation to 'rate of tax' and therefore, same is not appealable before High Court; appeal thereagainst would lie to Supreme Court only

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