Adjustment of excess Service tax paid, against tax payable in following months cannot be denied merely on the grounds of non-compliance of procedure
Posted Date : 09-Dec-2014 , 04:00:11 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Adjustment of excess Service tax paid, against tax payable in following months cannot be denied merely on the grounds of non-compliance of procedure We are sharing with you an important judgment of the Hon’ble CESTAT, New Delhi, in the case of Jubilant Organosys ...
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Category : Service Tax |
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Value of materials not includible in the value of services where the Agreement quantifies the value of materials separately from the value of services rendered
Posted Date : 04-Dec-2014 , 12:48:11 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Value of materials not includible in the value of services where the Agreement quantifies the value of materials separately from the value of services rendered We are sharing with you an important judgement of the Hon’ble High Court of Allahabad in the case of Co...
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Category : Service Tax |
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Inputs lost during manufacturing does not amount to receipt of Inputs in short quantity and accordingly whatever tax has been paid by Assessee on Inward Transportation service is entitled for Input Service credit
Posted Date : 03-Dec-2014 , 01:48:54 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Inputs lost during manufacturing does not amount to receipt of Inputs in short quantity and accordingly whatever tax has been paid by Assessee on Inward Transportation service is entitled for Input Service credit We are sharing with you an important judgement of the H...
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Category : Service Tax |
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No Service tax is leviable on the amount of discounts/ incentives as these are not consideration for any service rendered
Posted Date : 27-Nov-2014 , 01:11:29 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, No Service tax is leviable on the amount of discounts/ incentives as these are not consideration for any service rendered We are sharing with you an important judgment of the Hon’ble Mumbai CESTAT, in the case of Group M Media India Pvt. Ltd and Others Vs. Commis...
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Category : Service Tax |
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Department cannot adjust unconfirmed demand against refund payable to the Assessee
Posted Date : 26-Nov-2014 , 07:15:21 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Department cannot adjust unconfirmed demand against refund payable to the Assessee We are sharing with you an important judgement of the Hon’ble CESTAT, Delhi in the case of Bharat Sanchar Nigam Ltd. Vs. Commissioner of Central Excise, Jaipur [(2014) 51 taxmann.c...
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Category : Service Tax |
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Authorities to take expeditious steps to sanction refunds
Posted Date : 21-Nov-2014 , 03:06:07 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Authorities to take expeditious steps to sanction refunds – Order marked to the Finance Minister for consideration We are sharing with you an important judgement of the Hon’ble Mumbai CESTAT, in the case of Vodafone (I) Ltd. Vs. Commissioner of Service Tax,...
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Category : Service Tax |
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0 | Hits : 318 |
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CBEC clarification regarding availment of Cenvat credit on Inputs/ Input Services after six months
Posted Date : 19-Nov-2014 , 07:33:25 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, CBEC clarification regarding availment of Cenvat credit on Inputs/ Input Services after six months Background: The CBEC vide Notification No. 21/2014-CE (NT), dated July 11, 2014 (Applicable w.e.f September 1, 2014) [“Notification No. 21”], has amended Rul...
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Category : Service Tax |
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Exemption under N/N. 25/2012-ST
Posted Date : 17-Nov-2014 , 04:44:45 pm | Posted By
Rishi Goyal
Serial
No
Service
Service Provider
Service Receiver
1
Any service
Any person
United Nations
Specified International Organization e.g. WTO
2
Health care Service i.e. Diagnosis/treatment
...
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Category : Service Tax |
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The Row over Constitutional Validity of Service Tax on Restaurant Services
Posted Date : 17-Nov-2014 , 11:40:04 am | Posted By
Manindar Kakarla
The Row over Constitutional Validity of Service Tax on Restaurant Services
Introduction:
Constitutional validity of service tax levy on restaurant services has turned out to be one of the contentious issues. This issue has its origin somewhere in early 1980’s, when States proceed...
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Category : Service Tax |
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Service tax on Restaurants and Hotels
Posted Date : 14-Nov-2014 , 12:18:54 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Service tax on Restaurants and Hotels - We are sharing with you an important judgment of Division Bench of the Hon’ble Kerala High Court in the case of Union of India and Others Vs. Kerala Bar Hotels Association and Others [2014-TIOL-1913-HC-KERALA-ST] on the fo...
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Category : Service Tax |
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0 | Hits : 828 |
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Demand not sustainable only because the Assessee had admitted Service tax liability
Posted Date : 06-Nov-2014 , 06:59:09 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Demand not sustainable only because the Assessee had admitted Service tax liability We are sharing with you an important judgement of the Hon’ble High Court of Andhra Pradesh, in the case of Commissioner, Customs and Central Excise, Meerut-I Vs. RS. Travels [2014...
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Category : Service Tax |
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0 | Hits : 420 |
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Services provided to Foreign Principals for marketing their products in India qualify as an export of service
Posted Date : 16-Oct-2014 , 07:55:08 pm | Posted By
CA Bimal Jain
Dear Professional Colleague,
Services provided to Foreign Principals for marketing their products in India qualify as an export of service We are sharing with you an important judgment of the Hon’ble CESTAT, Delhi in the case of Microsoft Corporation (I) (P) Ltd. Vs. Commissioner of Service...
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Category : Service Tax |
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0 | Hits : 763 |
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No penalty if there is mass unawareness about taxability of certain service
Posted Date : 15-Oct-2014 , 02:23:16 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, No penalty if there is mass unawareness about taxability of certain service We are sharing with you an important judgment of the Hon’ble Allahabad High Court in the case of H.M. Singh & Co. Vs. Commissioner of Central Excise, Customs & Service Tax [2014 (...
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Category : Service Tax |
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No Penalty in the absence of mens rea
Posted Date : 06-Oct-2014 , 01:01:37 pm | Posted By
CA Bimal Jain
Dear professional college, No Penalty in the absence of mens rea We are sharing with you an important judgment of Hon’ble CESTAT, DELHI in the case of Mohan Poddar Vs. CCE, Raipur [2014 (9) TMI 782 - CESTAT NEW DELHI] on the following issue: Issue: Whether the penalty Under Section 78 of t...
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Category : Service Tax |
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Service Tax At a Glance
Posted Date : 25-Sep-2014 , 03:35:42 pm | Posted By
Pratik
Service Tax –Key Points
Introduction
Service tax is a tax levied by the government on service providers on certain service transactions, but is actually borne by the customers. It is categorized under Indirect Tax and came into existence under the Finance Act, 1994.
The service provid...
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Category : Service Tax |
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Important Service Tax amendments applicable from 1st October, 2014
Posted Date : 27-Aug-2014 , 12:17:57 pm | Posted By
CA Bimal Jain
Important Service Tax amendments applicable from 1st October, 2014 Dear Professional Colleague, We are sharing with you certain amendments made vide recent Notifications dated August 25, 2014 issued by the Central Board of Excise & Customs (“the CBEC”):
Fixation of date of appli...
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Category : Service Tax |
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No Service Tax Audit by Department or CAG
Posted Date : 06-Aug-2014 , 03:48:50 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, No Service Tax Audit by Department or CAG We are sharing with you an important judgment of the Hon’ble Delhi High Court in the case of Travelite (India) Vs. Union of India & Ors. [W.P. (C) 3774/2013, C.M. No. 7065/2013] on the following issue: Issue:
Whet...
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Category : Service Tax |
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0 | Hits : 668 |
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Deputation of employees on cost-sharing basis does not fall under Supply of Manpower Services
Posted Date : 01-Aug-2014 , 05:49:31 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Deputation of employees on cost-sharing basis does not fall under Supply of Manpower Services We are sharing with you an important judgment of the Hon’ble High Court of Gujarat in the case of Commissioner of Service Tax Vs. Arvind Mills Ltd. [(2014) 45 taxmann.co...
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Category : Service Tax |
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0 | Hits : 361 |
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Highlights of Changes in Indirect Taxes viz. Service Tax, Excise and Customs - Union Budget 2014
Posted Date : 11-Jul-2014 , 12:43:32 am | Posted By
CA Bimal Jain
Dear Professional Colleague,
The Union Budget, 2014 presented by the Finance Minister today is promising on building consumer’s confidence, investor’s confidence & overall confidence and taken several steps to improve fiscal situation and boost growth of Indian economy to 7-8% in co...
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Category : Service Tax |
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0 | Hits : 642 |
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First Report of the Tax Administration Reform Commission (TARC)
Posted Date : 19-Jun-2014 , 06:16:50 pm | Posted By
CA Bimal Jain
First Report of the Tax Administration Reform Commission (TARC) The Government had constituted Tax Administration Reform Commission (“the TARC”) headed by Dr. Parthasarathi Shome, in August 2013, to suggests core reforms to the tax administration set-up in the Country. The TARC has now ...
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Category : Service Tax |
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0 | Hits : 364 |
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Service tax paid by Service provider, on being pointed out by Department, can be treated as business expenditure
Posted Date : 13-Jun-2014 , 07:17:32 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Service tax paid by Service provider, on being pointed out by Department, can be treated as business expenditure We are sharing with you an important judgment of the Hon’ble High Court of Gujarat in the case of Commissioner of Income Tax-III Vs. Kaypee Mechanical...
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Category : Service Tax |
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Services provided to Foreign Principals for marketing their products in India qualify as an export of service
Posted Date : 31-May-2014 , 02:12:51 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Services provided to Foreign Principals for marketing their products in India qualify as an export of service We are sharing with you an important judgement of the Hon’ble CESTAT, Delhi, in the case of Commissioner of Service Tax, Delhi Vs. Menon Associates [2014...
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Category : Service Tax |
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0 | Hits : 334 |
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SC explains distinction between “Contract for sale of goods” and “Works contract”
Posted Date : 16-May-2014 , 02:19:43 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, SC explains distinction between “Contract for sale of goods” and “Works contract” We are sharing with you an important judgement of the Hon’ble Supreme Court of India, in the case of Kone Elevator India Private Limited Vs. State of Andhra...
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Category : Service Tax |
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0 | Hits : 697 |
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Service Tax paid after March 1, 2013 but before enactment of VCES on May 10, 2013 – Should be considered as paid under VCES
Posted Date : 07-May-2014 , 06:56:18 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Service Tax paid after March 1, 2013 but before enactment of VCES on May 10, 2013 – Should be considered as paid under VCES We are sharing with you an important judgment of the Hon’ble Gujarat High Court in the case of Sadguru Construction Co. Vs. Union of ...
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Category : Service Tax |
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0 | Hits : 490 |
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Service tax on Demurrage
Posted Date : 04-May-2014 , 08:01:14 pm | Posted By
NEHA JAIN
“Once on demurrage, always on demurrage”
It is a well known maxim developed by the shipping industry meaning once Charterers have used up their laytime and the vessel is on demurrage, all time used will fall for their account, whatever the apparent cause.
Demurrage in com...
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Category : Service Tax |
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2 | Hits : 7066 |
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Non Bailable offences under Service Tax do not have retrospective effect
Posted Date : 01-May-2014 , 11:52:12 am | Posted By
CA Bimal Jain
Dear Professional Colleague,
Non Bailable offences under Service Tax do not have retrospective effect
We are sharing with you an important judgement of the Hon’ble High Court of Calcutta, in the case of Sudip Das, {[2014] 44 taxmann.com 48 (Calcutta)} on following issue: ...
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Category : Service Tax |
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0 | Hits : 439 |
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Exemption Notification cannot be forced upon assessee – No legal bar on paying duty & availing benefit of Modvat scheme
Posted Date : 19-Apr-2014 , 09:50:46 pm | Posted By
CA Bimal Jain
Dear Professional Colleague,
Exemption Notification cannot be forced upon assessee – No legal bar on paying duty & availing benefit of Modvat scheme
We are sharing with you an important judgement of the Hon’ble High Court of Delhi, in the case of Commissioner of Centra...
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Category : Service Tax |
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0 | Hits : 313 |
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Classification of Services in Real Estate Transactions
Posted Date : 18-Apr-2014 , 01:41:27 am | Posted By
SARTHAK JAIN
CONSTRUCTION SERVICE V/S WORKS CONTRACT SERVICES
Dear Professional Colleagues and friends, the objective of this article is to discuss the mist that surrounds classification of a service into Construction Service or Works Contract Service, especially under the new service tax regime.
L...
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Category : Service Tax |
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0 | Hits : 633 |
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Rules of Interpretation of Services in Service Tax
Posted Date : 17-Apr-2014 , 12:11:47 am | Posted By
Sagar Gupta
Despite doing away with the service-specific descriptions, there will be some descriptions where some differential treatment will be available to a service or a class of services. Section 66F lays down the principles of interpretation of specified descriptions of services and bundled services. But b...
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Category : Service Tax |
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0 | Hits : 613 |
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Highlights On New Indian Companies Act, 2013
Posted Date : 10-Apr-2014 , 07:25:54 pm | Posted By
Vimmi
Immediate Changes in letterhead, bills or other official communications, as if full name, address of its registered office, Corporate Identity Number (21 digit number allotted by Government), Telephone number, fax number, Email id, website address if any.
One Person Company (OPC):&nb...
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Category : Service Tax |
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0 | Hits : 1399 |
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