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All India Federation of Tax Practitioners Appeals Against Bombay High Court's J…
This appeal filed by the All India Federation of Tax Practitioners challenges the judgment of the Bombay High Court, which upheld the legislative competence of Parliament to levy service tax under the Finance Act of 1994 and Finance Act of 1998. The…
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Court grants extension for tax payment under the Sabka Vishwas Scheme due to CO…
In the case of Oak Construction & Properties Pvt. Ltd. vs. Union of India & Ors., the petitioner sought relief from tax demands under the Sabka Vishwas (Legacy Dispute Resolution) Scheme due to financial difficulties caused by the COVID-19 pandemic.…
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Are Buildings Used for Car Parking Exempt from Service Tax?
In a significant ruling by CESTAT Chennai, buildings or parts of land utilized for car parking won't bear the burden of Service Tax under Section 65(105)(zzzz) of the Finance Act, 1994. Brookefields Estates Private Limited, after paying Service Tax …
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No Benefit under SVLDRS Eligible for Investigations Prior to 30.06.2019, Rules …
Calcutta HC Rules that SVLDRS Benefit Not Eligible for Investigations Conducted After 30.06.2019.
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Calcutta High Court Dismisses Writ Petition for Unjustifiable Delay.
Calcutta High Court Dismisses Writ Petition for Unjustified Delay and Availability of Alternative Remedies.
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Supreme Court rules coal handling services don't qualify as 'Clearing and Forwa…
The Supreme Court ruled that the services provided by the appellants (Coal Handlers (P) Ltd. and Chhattisgarh Coal Handling Company) did not qualify them as 'Clearing and Forwarding Agents' under Section 65(25) of the Finance Act, 1994. The court se…
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Court Quashes Income Tax Reassessment Notice, Citing Lack of New Evidence
The Delhi High Court ruled in favor of Best Cybercity (India) Pvt. Ltd., quashing a notice issued by the Income Tax Department to reopen the company's assessment for the 2011-2012 tax year. The court found that the tax officer lacked new evidence to…
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Supreme Court upholds circular clarifying service tax rules for construction co…
The Supreme Court dismissed an appeal filed by Nagarjuna Construction Co. Ltd. challenging a circular issued by the Central Board of Excise and Customs (CBEC) regarding service tax payment rules for construction contracts. The court upheld the circu…
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Service Tax Dispute: Court Dismisses Writ Petition for Challenging Order Beyond…
This case involves a writ petition filed by the petitioner challenging the imposition of service tax on their works by the respondent authority. The court dismissed the petition as the petitioner had failed to file an appeal against the original ord…
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E-Invoices
Computerised invoices downloaded through internet are eligible documents for claiming refund of service tax paid on services used for export, if they contain all relevant details, establishing availment of service used in export of goods
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Assesee shouldn't go to SC but to CESTAT again for rectification of wrong facts
If an assessee thinks that the order of tribunal arose from facts not present in the records than he'ld file a rectification application to the tribunal itself and not approach the Supreme Court.
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Parliament has legislative competence to levy service tax under Acts, SC
All India Federation of Tax Practitioners challenged HC decision of upholding legislative competence of Parliament to levy service tax vide Finance Act, 1994 & Finance Act, 1998. SC held, Parliament has legislative competence to levy service tax by …
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Challenge to Consti. validity of Sec.116 & 117 of Finance Act,2000. failed, SC
Service Tax,Apr. 08, 2016Writ petitions filed before SC, challenging constitutional validity of Sec.116 & 117 of Finance Act 2000 & Sec. 158 of Finance Act, 2003. SC held, It is outside judicial ken to determine whether Parliament should have specified a common mode for recovery of tax as a convenient administrative measure in respect of a particular class. That is ultimately a question of policy which must be left to legislative wisdom. Thus, challenge failed.
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Validity of Rule2(xii) & (xvii) of Service Tax Rules upheld by SC.
Service Tax,Apr. 08, 2016Petitioners utilized services of goods transport operators & of clearing & forwarding agents. They sought to impugn validity of Rule2(xii) & (xvii) of Service Tax Rules, as amended in 1997. SC held, The tax is on value of the services and it is only the person who is providing the service can be regarded as an assessee.The rules, cannot be so framed which do not carry out the purpose of the chapter and cannot foe in conflict with the sa…
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Section 66, 67(o) Finance Act held ultra vires to contitution, SC
Service Tax,Apr. 08, 2016On writ HC held, Sec. 66, 67(o) of Finance Act, 1994 & other provisions related to Kalyana Mandapams & Mandap-Keepers to be intra vires of Constitution of India. On writ SC held, it has been a well established judicial principle that so long as legislation is in substance, on matter assigned to legislature enacting that statute, it must be held valid in its entirety even though it may trench upon matters beyond its competence.
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Imposition of service tax with penalties by commissioner, upheld by Tribunal.
Service Tax,Apr. 08, 2016Commissioner of Central Excise & Customs, disallowed & demanded an amt.availed by appellant as credit of Service Tax paid on various input services with penalties & interest. On appealTribunal held, appellant should be required to establish integral connection between service & business of mfd. of final product for benefit of CENVAT credit on service as held by Member (Judicial) relying on HC judgement in case of Ultratech Cement Lt…
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Balance of convenience held in favor of Revenue in service tax matter.
Service Tax,Apr. 08, 2016M/s Shoppers Stop Ltd. did not discharge any service tax on consideration of Rs. 27,86,81,505/- received during 1.5.06 to 31.05.07. Dept. viewed, service rendered by M/s SSL falls within category of Business Support Services. Thus, revenue demanded service tax & imposed penalty. Tribunal held, as there is no prima facie case in favour of appellant & there is no financial hardship pleaded. Thus, balance of convenience lies in favour of Revenue.
Now 30% of the construction cost of a complex is liable for service tax.
Government has again specified the a new rate (ie 30%) to be used for computation of service tax on construction of buildings, complexes and other civil structures. In fact, this is the 4th time since June 2012 that government has fixed a new rate. So, if the total construction cost of a building is Rs10Lac then Rs3lac (viz 30% of 10Lac) is chargeable to service tax. ie a total of Rs42000 (+ Rs1500 for swacch bharat tax) is due for service tax.
Service Tax,Apr. 18, 2016-
Services provided by Government to business entity is chargeable to service tax
Service Tax,Apr. 18, 2016Government has made some amendments in Finance Act. And has brought services provided by government or a local authority under the net of service tax. Now, the business houses receiving services from government or a local authority would have to deposit service tax on the value of services received. HOLD ON, after this government has come out with more clarifications. And has exempted some services. Keep reading for more ....
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A new tax (cess), Krishi Kalyan Cess, is applicable from Jun 1 2016
Service Tax,Apr. 18, 2016Government is imposing one more cess, more or less like swacch bharat cess, from Jun 1 2016. It is called as Krishi Kalyan Cess (KKC). The funds collected from this would be used for development of agriculture and welfare of farmers. All the service providers should charge along with service tax and deposit it like service tax. The cess rate is 0.5%. So now the total tax to be charged would be 15%.
Service tax assessees should file annual return too
Service Tax,Apr. 18, 2016Now the service tax assessees would have to file annual service tax return, in addition to half yearly returns that they have been filing till now. This is applicable from April 1 2016. And the last date to file the annual returns is Nov 30 of every financial year. The return could be revised with in 30 days. There is a penalty or Rs100 per day for late filing. Although this increases paperwork but may be advantageous too. To know keep reading...
Telecom companies have to pay service tax for spectrum
Telecom companies will have to pay service tax along with instalments as part of the deferred payment option under the existing spectrum auction system. However, it is clarified that service tax payable, whether in full upfront or in instalments, for assignment of right to use spectrum has been exempted from service tax. i.e the government has ensured that there is no new tax liability on telecom service providers (TSPs) in respect of the services …
Service Tax,Apr. 18, 2016-
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Service Tax , May. 25. 2016Some important points to remember in case of Krishi Kalyan Cess (KKC)
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Service Tax , May. 21. 2016Firms with sale of over 10lac who go in for arbitration have to pay service tax
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Service Tax , May. 24. 2016Interest rates on late deposit of service tax have changed from May 14 2016
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Service Tax , May. 24. 2016Show cause notice can't be issued to debtors till tax liability isn't finalised
