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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SC explains distinction between
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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Service Tax paid after March 1, 2013 but before enactment of VCES on May 10, 2013
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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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 : 7153 |
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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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Exemption Notification cannot be forced upon assessee
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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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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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 : 658 |
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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 : 1449 |
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Services performed in India for a service recipient located abroad are export of services
Posted Date : 02-Apr-2014 , 04:05:16 pm | Posted By
CA Bimal Jain
Dear Professional Colleague,
Services performed in India for a service recipient located abroad are export of services We are sharing with you an important judgment of the Hon’ble CESTAT, New Delhi in the case of Gap International Sourcing (India) Pvt. Ltd. Vs. Commissioner of Servi...
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Category : Service Tax |
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Chit fund business constitutes
Posted Date : 12-Mar-2014 , 06:33:37 pm | Posted By
CA Bimal Jain
Dear Professional Colleague, Chit fund business constitutes ‘transaction in money’ and not liable to service tax Recently, the Hon’ble Supreme Court of India, dismissed the SLP filed by the Union of India against the judgment of the Hon’ble Delhi High Court in the case of U...
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Category : Service Tax |
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0 | Hits : 378 |
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Service Tax on Partner's Remuneration
Posted Date : 28-Feb-2014 , 05:55:01 pm | Posted By
Hem Chhajed
Introduction
The issue is covered in this article is whether the remuneration received by the partners from the partnership firms is subject to service tax.
As per section 4 of the Indian Partnership Act, 1932 ‘partnerships’ is the relationship between persons who have ...
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Category : Service Tax |
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0 | Hits : 2575 |
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Amendment in distribution of Cenvat Credit by ISD from 1st April, 2014
Posted Date : 26-Feb-2014 , 07:16:08 pm | Posted By
CA Bimal Jain
Dear Professional Colleague,
Amendment in distribution of Cenvat Credit by ISD from 1st April, 2014
The CBEC vide Notification No. 05/2014-Central Excise (N.T.) dated February 24, 2014 (“the Notification”) has amended Rule 7 of the Cenvat Credit Rules, 2004 (“the Credit Rules&rd...
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Category : Service Tax |
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0 | Hits : 582 |
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Highlights of Interim Union Budget 2014-15
Posted Date : 18-Feb-2014 , 03:20:10 am | Posted By
CA Bimal Jain
Highlights of Interim Union Budget 2014-15
Dear Professional Colleague,
The Hon’ble Finance Minister P. Chidambaram presented the Interim Budget for the fiscal year 2014-15 on Monday, February 17, 2014 to cover expenditure until the Government's term ends in May, 2014. While presenting the I...
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Category : Service Tax |
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Service recipient is required to reimburse Service Tax paid by the Service provider
Posted Date : 19-Jan-2014 , 04:28:33 pm | Posted By
CA Bimal Jain
Dear Professional Colleague,
Service recipient is required to reimburse Service Tax paid by the Service provider
We are sharing with you an important judgement of the Hon’ble Allahabad High Court in the case of M/s Bhagwati Security Services (Regd.) Versus Union of Indi...
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Category : Service Tax |
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No TDS on Service Tax if shown separately
Posted Date : 17-Jan-2014 , 01:26:12 pm | Posted By
CA Bimal Jain
Dear Professional Colleague,
No TDS on Service Tax if shown separately
Pursuant to an important judgement of the Hon’ble Rajasthan High Court, in the case of Commissioner of Income Tax (TDS), Jaipur Vs. M/s. Rajasthan Urban Infrastructure [2013 (8) TMI 12 – RAJASTHAN H...
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Category : Service Tax |
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Basic Concepts of Service Tax
Posted Date : 05-Jan-2014 , 05:13:40 pm | Posted By
Rohit
BASIC CONCEPTS OF SERVICE TAX
Service tax in India
The Tax Reforms Committee headed by Dr. Raja J. Chelliah recommended imposition of “Service Tax” on selected services.
On these recommendations, Dr. Manmohan Singh, the then Union Finance Minister, in his Budget speech...
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Category : Service Tax |
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0 | Hits : 1440 |
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Educational Services
Posted Date : 25-Sep-2013 , 10:20:22 am | Posted By
Pravi
As, Education being one of the priority sectors of the Government of India has been kept outside the purview of service tax net by including the same in the negative list of services. The main objective behind the same is to reduce the cost of education in India. Thus, in order to re...
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Category : Service Tax |
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0 | Hits : 364 |
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Step-wise Guide for Availing Service Tax Amnesty Scheme
Posted Date : 03-Aug-2013 , 07:11:14 pm | Posted By
Vinay Sharma
Procedure for availing the VCES scheme
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Step 1
If the declarant is not registered, then he is first required to get himself registered and then apply for this scheme.
♦
Step 2
...
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Category : Service Tax |
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