Service Tax

Services by Government to Business Entity- effect of changes

As per section 68(2) person liable to pay service tax shall be the person notified under rule 2(1)(d) of Service Tax Rules 1994. Rule 2(1)(d) specifies the cases where the service tax is required to be paid by service receiver under the reverse charge mechanism(either under full reverse charge or under partial reverse charge)....

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Exhaustive Analysis of Krishi Kalyan Cess (KKC)

A Cess is a tax which is collected by the government to be used for a specific purpose. Thus collections from levy of cess can be used only for the purpose for which it has been collected and not for any other purpose, Finance Minister has mentioned in his budget speech that proceeds of KKC would be exclusively used for financing initiat...

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Exemption from KKC to services prior to 01.06.2016

The concern of the industry that KKC shall be levied on the opening debtors i.e. remaining unpaid as on 31.03.2016 has been duly answered and no KKC shall be levied on such amounts. Though the notification is effective from 23.6.2016, payments of opening debtors as received between 01.6.2016 and 22.6.2016 can still be a cause of litigatio...

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No KKC if invoice is raised and services are rendered on or before May 31, 2016

Central Government vide Notification No. 35/2016-ST dated June 23, 2016, has exempted taxable services with respect to which the invoice for the service has been issued on or before May 31, 2016, from the whole of KKC leviable thereon, subject to condition that the provision of service has been completed on or before May 31, 2016....

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20 FAQs On Krishi Kalyan Cess – A New Levy

The Central Government has decided to levy Krishi Kalyan Cess @ 0.5% on the value of taxable services from 01/06/2016. As a result, there are bound to be questions as to how this levy will get integrated into the existing dynamic structure of the Service Tax provisions....

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Survey claims Attitudinal change in CBEC senior functionaries

Tax payers Survey got conducted by Central Board of Excise & Customs (CBEC) for garnering a feedback on impact that reforms undertaken during the last two years; Responses showed that 45% of the respondents saw an attitudinal change in senior functionaries (Commissioner level and above); and 51% acknowledged an improvement at the ground l...

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Major Take Aways from Annual Conference of Tax Administrators

The take-aways from the Conference on the CBEC side are:- 1. Need for preparation for roll-out of GST with focus on IT and increased capacity building through training of officers. 2. Need to focus on Dispute Resolution: Identify 20 topmost litigated issues and examine from policy perspective whether any intervention is required....

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PM to inaugurate 2 day Annual Conference of CBDT & CBEC

Prime Minister to inaugurate the two day Annual Conference of Tax Administrators 2016 on 16th June, 2016 in the national capital; For First time that two Revenue Boards i.e. CBDT & CBEC are holding the Conference simultaneously;...

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Integrated Central Excise and Service Tax Audit Manual 2015

As you are aware, the existing Central Excise Audit Manual and Service Tax Audit Manual were last updated in 2008 and 2011 respectively. Over the years the Central Excise and Service Tax statutes have undergone many changes and there have been regular feedback from field formation on the shortcomings in the existing audit manuals. ...

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Rajya Sabha Passes Finance Bill 2016

Finance bill 2016 was presented in Lok Sabha by Finance Minister Shri Arun Jaitley on 29th February 2016 and same was approved by Lok Sabha with Amendments on 5th May 2016. The bill was first Presented in Rajya Sabha for approval on 09th May 2016 and bill finally got the Approval of Rajya Sabha on […]...

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Delhi HC Judgment on Construction of Complex Service- A Review

Suresh Kumar Bansal Vs Union of India &Ors - Thus, while the legislative competence of the Parliament to tax the element of service involved cannot be disputed but the levy itself would fail, if it does not provide for a mechanism to ascertain the value of the services componentwhich is the subject of the levy.[Para 37]...

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No Service tax on sale of under construction flats if contract price includes land value

Suresh Kumar Bansal vs UOI (Delhi High Court) - Hon’ble High Court of Delhi held that no Service tax under Section 65(105)(zzzh) of the Finance Act to be levied on composite contract as there is no machinery provision for ascertaining the service element involved in the composite contract....

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Service Tax Audits by Department – A Detailed Legal Analysis

Mega Cabs Pvt. Ltd. Vs. Union Of India & Ors. (Delhi High Court) - Held by Hon’ble Delhi HC-Rule 5A(2) as amended in terms of Notification No. 23/2014-Service Tax dated 5th December 2014 of the Central Government, to the extent that it authorises the officers of the Service Tax Department, the audit party deputed by a Commissioner or the CAG to seek production o...

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No Service Tax on Under Construction Flats if price includes land value

Suresh Kumar Bansal vs UOI (Delhi High Court) - Reliance in this connection can be placed on the decision of Hon’ble Delhi High Court in case of Suresh Kumar Bansal vs UOI [W.P.(C) 2235/2011] wherein levy of Service Tax on the value of flats sold during construction stage has been held unconstitutional, if such value includes the value of Land....

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No Service Tax Audit by Service Tax Department or CAG

Mega Cabs Pvt. Ltd. Vs. Union Of India & Ors. (Delhi High Court) - The Hon’ble High Court, after detailed analyses: Declared Rule 5A(2) of the Service Tax Rules, as amended, to the extent that it authorises the officers of the Service Tax Department, the audit party deputed by a Commissioner or the CAG to seek production of the documents mentioned therein on dema...

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Service Tax on transportation of goods by a vessel from outside India before 01.06.2015

Notification No. 36/2016-Service Tax - (23/06/2016) - Seeks to exempt service tax on taxable services by way of transportation of goods by a vessel from outside India upto customs station in India with respect to which the invoice for the service has been issued on or before 31st May, 2016 subject to the condition of production of customs certified cop...

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Krishi Kalyan Cess on Services Provided on or before 31.05.2015

Notification No. 35/2016-Service Tax - (23/06/2016) - Central Government, hereby exempts taxable services with respect to which the invoice for the service has been issued on or before the 31st May, 2016, from the whole of Krishi Kalyan Cess leviable thereon, subject to condition that the provision of service has been completed on or before the 31st M...

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Display list of Cases withdrawn & inform Assessee: CBEC

F.No.390/Misc./38/2016-JC - (23/06/2016) - it is requested to put up the list of proposed withdrawals/withdrawn cases of CESTAT and High Court below the threshold limit on the respective websites of the Comissionerates under your charge and also inform the concerned assessees who are the respondents in all such cases....

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Reg. Service Charges payable to local civic bodies

F.No. 910/6/Service Charges/HRD/13 - (23/06/2016) - References have been received in DGHRD as to whether "Service Charges" payable to local civic bodies should be paid from the object head 'Rent, Rates and Taxes (RRT)' or 'Office Expenses (OE)'....

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Reg. Withdrawal of appeals by Department before CESTAT/HC

Order No. F.No.390/Misc./163/2010-JC - (22/06/2016) - After reviewing the reports of the zones, it is noticed that some of the zones have changed their zone's figures in respect of number of appeals identified for withdrawal before HC/CESTAT reducing the total number by around 400 Nos. The earlier reported figures were already taken up for presentation...

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Recent Posts in "Service Tax"

Survey claims Attitudinal change in CBEC senior functionaries

Tax payers Survey got conducted by Central Board of Excise & Customs (CBEC) for garnering a feedback on impact that reforms undertaken during the last two years; Responses showed that 45% of the respondents saw an attitudinal change in senior functionaries (Commissioner level and above); and 51% acknowledged an improvement at the ground l...

Read More
Posted Under: Service Tax |

Services by Government to Business Entity- effect of changes

As per section 68(2) person liable to pay service tax shall be the person notified under rule 2(1)(d) of Service Tax Rules 1994. Rule 2(1)(d) specifies the cases where the service tax is required to be paid by service receiver under the reverse charge mechanism(either under full reverse charge or under partial reverse charge)....

Read More
Posted Under: Service Tax |

Exhaustive Analysis of Krishi Kalyan Cess (KKC)

A Cess is a tax which is collected by the government to be used for a specific purpose. Thus collections from levy of cess can be used only for the purpose for which it has been collected and not for any other purpose, Finance Minister has mentioned in his budget speech that proceeds of KKC would be exclusively used for financing initiat...

Read More
Posted Under: Service Tax |

Exemption from KKC to services prior to 01.06.2016

The concern of the industry that KKC shall be levied on the opening debtors i.e. remaining unpaid as on 31.03.2016 has been duly answered and no KKC shall be levied on such amounts. Though the notification is effective from 23.6.2016, payments of opening debtors as received between 01.6.2016 and 22.6.2016 can still be a cause of litigatio...

Read More
Posted Under: Service Tax |

No KKC if invoice is raised and services are rendered on or before May 31, 2016

Central Government vide Notification No. 35/2016-ST dated June 23, 2016, has exempted taxable services with respect to which the invoice for the service has been issued on or before May 31, 2016, from the whole of KKC leviable thereon, subject to condition that the provision of service has been completed on or before May 31, 2016....

Read More
Posted Under: Service Tax |

20 FAQs On Krishi Kalyan Cess – A New Levy

The Central Government has decided to levy Krishi Kalyan Cess @ 0.5% on the value of taxable services from 01/06/2016. As a result, there are bound to be questions as to how this levy will get integrated into the existing dynamic structure of the Service Tax provisions....

Read More

Service Tax on transportation of goods by a vessel from outside India before 01.06.2015

Notification No. 36/2016-Service Tax (23/06/2016)

Seeks to exempt service tax on taxable services by way of transportation of goods by a vessel from outside India upto customs station in India with respect to which the invoice for the service has been issued on or before 31st May, 2016 subject to the condition of production of customs certified copy of the import manifest or import repor...

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Krishi Kalyan Cess on Services Provided on or before 31.05.2015

Notification No. 35/2016-Service Tax (23/06/2016)

Central Government, hereby exempts taxable services with respect to which the invoice for the service has been issued on or before the 31st May, 2016, from the whole of Krishi Kalyan Cess leviable thereon, subject to condition that the provision of service has been completed on or before the 31st May, 2016....

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Service Tax on Real Estate / Construction Services

Decision given by Delhi High Court is for a period prior to July 2012. From July 2012 with introduction of Negative List, all the services other than those specified in the negative list and those exempt from service tax, shall be liable for service tax....

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Display list of Cases withdrawn & inform Assessee: CBEC

F.No.390/Misc./38/2016-JC (23/06/2016)

it is requested to put up the list of proposed withdrawals/withdrawn cases of CESTAT and High Court below the threshold limit on the respective websites of the Comissionerates under your charge and also inform the concerned assessees who are the respondents in all such cases....

Read More
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