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Articles Category : Service Tax
How change in Service Tax rate should be tackled?
Posted Date : 20-May-2015 , 08:55:08 pm | Posted By Vimmi

How change in Service Tax rate should be tackled? Please keep in mind the following and prepare yourself accordingly:   1. Service Provision is complete till 31.05.2015 and Invoice raised till 31.05.2015 but Payment received on or after 01.06.2015- 12.36% applicable....

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Category : Service Tax | Comments : 0 | Hits : 1418

Analysis of Service tax rate increase from 12.36% to 14% (Subsuming EC and SHEC) effective from 01.06.2015
Posted Date : 20-May-2015 , 06:01:35 pm | Posted By Chitresh

Analysis of Service tax rate increase from 12.36% to 14% (Subsuming EC and SHEC) effective from 01.06.2015 By CA. Chitresh Gupta, B.Com(H), FCA, IFRS (Certified), IDT (Certified) Author of Book “An Insight Into Goods & Service Tax”   After the Hon’ble President h...

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Category : Service Tax | Comments : 0 | Hits : 1037

Service tax rate of 14% shall come into effect only from a date to be notified - Finance Bill, 2015 enacted
Posted Date : 16-May-2015 , 01:21:19 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Service tax rate of 14% shall come into effect only from a date to be notified – Finance Bill, 2015 enacted The Hon’ble President has given assent to the Finance Bill, 2015 on Thursday, May 14, 2015. Accordingly, the Finance Bill, 2015 now becomes Finance A...

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Category : Service Tax | Comments : 0 | Hits : 765

No Service tax liability arise on loans and advances, if it is revealed in the audited balance sheet
Posted Date : 16-Apr-2015 , 01:14:42 pm | Posted By CA Bimal Jain

Dear Professional Colleague, No Service tax liability arise on loans and advances, if it is revealed in the audited balance sheet We are sharing with you an important judgment of Hon’ble CESTAT, Mumbai, in the case of Reliance Infratel Ltd. Vs. Commissioner of Service tax, Mumbai – II...

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Category : Service Tax | Comments : 0 | Hits : 618

No interest and/ or penalty can be levied just because the Assessee had paid Service tax, which was actually not payable
Posted Date : 13-Apr-2015 , 12:23:22 pm | Posted By CA Bimal Jain

Dear Professional Colleague, No interest and/ or penalty can be levied just because the Assessee had paid Service tax, which was actually not payable We are sharing with you an important judgment of Hon’ble High Court, Madras, in the case of Commissioner of Central Excise, Tirunelveli Vs. Su...

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Category : Service Tax | Comments : 0 | Hits : 551

Larger Bench of Tribunal held that Works Contracts are exigible to Service tax even before June 1, 2007
Posted Date : 08-Apr-2015 , 04:02:25 pm | Posted By CA Bimal Jain

Dear Professional Colleague, We are sharing with you an important judgment of Hon’ble CESTAT, Delhi, in the case of Larsen and Toubro Ltd, Kehems Engg Pvt Ltd Vs. CST, Delhi/ CCE & ST, Indore/ CCE/ Rajkot and CCE & ST, Indore Vs. Kehems Engineering Pvt Ltd. on the ...

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Category : Service Tax | Comments : 0 | Hits : 604

Service Tax - Increase in time limit for availing Cenvat credit on Input services and Inputs
Posted Date : 06-Apr-2015 , 11:48:30 am | Posted By CA Bimal Jain

Dear Professional Colleague, Increase in time limit for availing Cenvat credit on Input services and Inputs – Whether applicable on invoices issued prior to March 1, 2015? Till September 1, 2014, there was no time limit prescribed under the Cenvat Credit Rules, 2004 (“the Credit R...

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Category : Service Tax | Comments : 0 | Hits : 940

Service tax rate of 14% is not effective immediately and shall come into effect only from a date to be notified later
Posted Date : 01-Apr-2015 , 06:34:39 pm | Posted By CA Bimal Jain

Dear Professional Colleague, New Service tax rate of 14% is not effective immediately and shall come into effect only from a date to be notified later: The Union Budget, 2015 has proposed an increase in the rate of Service tax from 12.36% to flat 14% with abolishment of Education cess and Sec...

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Category : Service Tax | Comments : 0 | Hits : 1163

Taxability of newly made ‘taxable services’
Posted Date : 31-Mar-2015 , 03:42:03 pm | Posted By CA Bimal Jain

Taxability of newly made ‘taxable services’ The Finance Bill, 2015 vide Clause 107 has proposed certain amendments in the Negative List of services given under Section 66D of the Finance Act, 1994 (“the Finance Act”) thereby removing certain services from the Negative List...

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Category : Service Tax | Comments : 0 | Hits : 563

“Impact of Change of Service tax liability structure from partial reverse charge to full reverse charge on manpower Supply and Security Services in transition period”
Posted Date : 27-Mar-2015 , 12:44:24 pm | Posted By CA Bimal Jain

Impact of Change of Service tax liability structure from partial reverse charge to full reverse charge on manpower Supply and Security Services in transition period As Notification No. 30/2012-ST dated 20-06-2012 has been amended vide Notification No. 7/2015-ST dated 01-03-2015, there by shifting...

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Category : Service Tax | Comments : 0 | Hits : 363

BUDGET SESSION AND GST, WILL TYRANNY OF OPPOSITION END ?
Posted Date : 08-Mar-2015 , 10:03:41 pm | Posted By CA Vinod Kumar

BUDGET SESSION AND GST, WILL TYRANNY OF OPPOSITION END ?   Introduction: Everyone including me is very optimistic about passage of GST Bill in both the houses of Parliament in this undergoing budget session of parliament which has started from 23 February 2015 with the President speech and ...

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Category : Service Tax | Comments : 0 | Hits : 646

Rate of Service Tax and Swachh Bharat Cess : Applicability in various situations
Posted Date : 03-Mar-2015 , 08:19:54 am | Posted By Vimmi

In the first full year budget 2015-2016, Hon'ble Prime Minister Modiji and Mr. Jaitley has tried to boost the confidence of people by giving many exemptions, pension schemes and so on. However, to meet all these expectations there must be increase in government's revenue. To meet the requirement of ...

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Category : Service Tax | Comments : 1 | Hits : 2224

Service received by petitioner assessee not chargeable to ST
Posted Date : 27-Feb-2015 , 03:24:16 pm | Posted By Rahul Jindal

IN THE HIGH COURT OF BOMBAY TCS E-SERVE LTD Vs UNION OF INDIA AND ORS Dated: February 23, 2015 ST - Tribunal holding that services received by petitioner assessee cannot be held chargeable to ST - Refund claimed on the strength of this order was rejected by Revenue on the ground ...

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Category : Service Tax | Comments : 0 | Hits : 182

Pre-deposit has to be waived off if Assessee’s case is a good/ strong prima facie case covered by a binding precedent
Posted Date : 25-Feb-2015 , 02:24:54 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Pre-deposit has to be waived off if Assessee’s case is a good/ strong prima facie case covered by a binding precedent We are sharing with you an important judgment of Hon’ble High Court, Allahabad, in the case of Shukla & Brothers Vs. Customs, Excise &...

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Category : Service Tax | Comments : 0 | Hits : 231

Inputs used in manufacture of finished goods destroyed in fire
Posted Date : 23-Feb-2015 , 11:35:28 am | Posted By Rahul Jindal

Rule 57A does not mandate that credit can be claimed only if there is emergence of final product or that manufacture of final product is complete - Credit admissible on inputs destroyed in fire: High Court  FEB 17, 2015: This is a Revenue appeal against the order passed by the Tribunal. T...

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Category : Service Tax | Comments : 1 | Hits : 887

Condonation of filing the delay
Posted Date : 23-Feb-2015 , 10:45:56 am | Posted By Rahul Jindal

ST - Govt departments are working with depleted staff strength - Finance & Accounts Manager is crucial post and its vacancy vital element and factor - In such circumstances, by imposition of costs, discretion could have been exercised by Tribunal in favour of statutory entity: High Court  ...

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Category : Service Tax | Comments : 0 | Hits : 386

Sum paid as a pure agent of service recipient is not includible in value of services
Posted Date : 17-Feb-2015 , 01:53:55 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Sum paid as a pure agent of service recipient is not includible in value of services We are sharing with you an important judgment of Hon’ble High Court, Chhattisgarh, in the case of Union of India Vs. Raj Wines [(2015) 53 taxmann.com 445 (Chhattisgarh)] on the f...

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Category : Service Tax | Comments : 0 | Hits : 349

Cenvat credit availed on the invoices received prior to Service tax registration cannot be denied
Posted Date : 11-Feb-2015 , 04:57:42 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Cenvat credit availed on the invoices received prior to Service tax registration cannot be denied We are sharing with you an important judgment of Hon’ble CESTAT, New Delhi, in the case of JP. Kenny Ltd. Vs. CCE. & CST. - Delhi [2015 (1) TMI 1199 - CESTA...

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Category : Service Tax | Comments : 0 | Hits : 391

“Once the Assessee has filed an appeal by paying the mandatory pre-deposit amount of 7.5%, their bank account cannot be freeze”
Posted Date : 05-Feb-2015 , 12:20:56 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Once the Assessee has filed an appeal by paying the mandatory pre-deposit amount of 7.5%, their bank account cannot be freeze We are sharing with you an important judgment of Hon’ble CESTAT, Mumbai, in the case of Kala Mines and Minerals Vs. Commissioner of Custo...

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Category : Service Tax | Comments : 0 | Hits : 293

“Input Service Distributor need not be a ‘manufacturer’ or ‘output service provider’ for availing Cenvat credit”
Posted Date : 04-Feb-2015 , 12:43:29 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Input Service Distributor need not be a ‘manufacturer’ or ‘output service provider’ for availing Cenvat credit We are sharing with you an important judgment of Hon’ble CESTAT, New Delhi, in the case of Moser Baer India Ltd. Vs. Commissione...

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Category : Service Tax | Comments : 0 | Hits : 295

“Where Stay application against the Order sanctioning refund claim has been rejected, there is no reason for the Revenue to stop refund”
Posted Date : 28-Jan-2015 , 12:27:33 pm | Posted By CA Bimal Jain

Dear Professional Colleague, “Where Stay application against the Order sanctioning refund claim has been rejected, there is no reason for the Revenue to stop refund” We are sharing with you an important judgment of Hon’ble High Court, Karnataka, in the case of Madura Coats (P.) L...

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Category : Service Tax | Comments : 0 | Hits : 101

“Audit initiated against service recipient cannot be a ground to reject VCES declaration of the Assessee”
Posted Date : 21-Jan-2015 , 02:55:25 pm | Posted By CA Bimal Jain

Dear Professional Colleague, “Audit initiated against service recipient cannot be a ground to reject VCES declaration of the Assessee” We are sharing with you an important judgment of Hon’ble High Court, Madras, in the case of Ovieya Builders Vs. Commissioner of Customs, Central ...

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Category : Service Tax | Comments : 0 | Hits : 196

No Service tax leviable on Chit Fund business even after June 1, 2007 – SC dismisses SLP against Order of the Hon’ble AP High Court
Posted Date : 20-Jan-2015 , 04:17:45 pm | Posted By CA Bimal Jain

Dear Professional Colleague, No Service tax leviable on Chit Fund business even after June 1, 2007 – SC dismisses SLP against Order of the Hon’ble AP High Court We are sharing with you an important judgment of Hon’ble Supreme Court, in the case of Union of India Vs. Andhra Prades...

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Category : Service Tax | Comments : 1 | Hits : 356

“Imposition of penalty under Section 77 and 78 of the Finance Act, 1994 when penalty under Section 76 thereof was waived off”
Posted Date : 16-Jan-2015 , 01:21:46 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Imposition of penalty under Section 77 and 78 of the Finance Act, 1994 when penalty under Section 76 thereof was waived off We are sharing with you an important judgment of Hon’ble CESTAT, Mumbai, in the case of Garodia Special Steels Ltd Vs. Commissioner of Cent...

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Category : Service Tax | Comments : 0 | Hits : 2794

'Pleading, a ground of appeal' which appears to root of jurisdiction can be raised for first time before Commissioner (Appeals)
Posted Date : 12-Jan-2015 , 05:16:52 pm | Posted By CA Bimal Jain

Dear Professional Colleague, 'Pleading, a ground of appeal' which appears to root of jurisdiction can be raised for first time before Commissioner (Appeals) We are sharing with you an important judgment of Hon’ble CESTAT, Delhi, in the case of Astron Polymers (P.) Ltd. Vs. Commissioner of Ce...

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Category : Service Tax | Comments : 0 | Hits : 178

Services received by SEZ, if necessary, prior to commencement of authorized operations are also eligible for exemption/ refund
Posted Date : 06-Jan-2015 , 07:18:06 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Services received by SEZ, if necessary, prior to commencement of authorized operations are also eligible for exemption/ refund We are sharing with you an important judgement of the Hon’ble High Court, Gujarat in the case of Commissioner of Service Tax Vs. Zydus T...

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Category : Service Tax | Comments : 0 | Hits : 162

Time-limit of Section 11B of the Central Excise Act, 1944 doesn’t apply to refund of wrongly paid Service tax
Posted Date : 31-Dec-2014 , 12:41:43 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Time-limit of Section 11B of the Central Excise Act, 1944 doesn’t apply to refund of wrongly paid Service tax We are sharing with you an important judgment of CESTAT, Mumbai, the case of Jyotsana D. Patel Vs. Commissioner of Central Excise, Nagpur [(2014) 52 taxm...

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Category : Service Tax | Comments : 0 | Hits : 381

If there was no malafide for the purpose of penalty, there cannot be any malafide for the purpose of limitation also
Posted Date : 24-Dec-2014 , 05:35:45 pm | Posted By CA Bimal Jain

Dear Professional Colleague, If there was no malafide for the purpose of penalty, there cannot be any malafide for the purpose of limitation also We are sharing with you an important judgment of the Hon’ble CESTAT, New Delhi, in the case of Internet Computer Centre Vs. CCE, Lucknow [2014 (12...

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Category : Service Tax | Comments : 0 | Hits : 211

Like the Central Excise, applications for rectification of mistakes before Tribunal are maintainable under Service tax as well
Posted Date : 23-Dec-2014 , 03:22:37 pm | Posted By CA Bimal Jain

Dear Professional Colleague, Like the Central Excise, applications for rectification of mistakes before Tribunal are maintainable under Service tax as well We are sharing with you an important judgement of the Hon’ble High Court, Madras, in the case of Fairline Worldwide Express Vs. Commissi...

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Category : Service Tax | Comments : 0 | Hits : 159

Extended period is not invocable, when penalties were waived off on the ground of interpretational issue being involved
Posted Date : 17-Dec-2014 , 11:25:13 am | Posted By CA Bimal Jain

Dear Professional Colleague, Extended period is not invocable, when penalties were waived off on the ground of interpretational issue being involved We are sharing with you an important judgment of the Hon’ble CESTAT, New Delhi, in the case of Sankhla Udyog Vs. Commissioner of Central Excise...

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Category : Service Tax | Comments : 0 | Hits : 196

 
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