Service Tax

Analysis of Service tax on Freight Forwarder on Transportation of Goods from India to Overseas

In a welcome move, a much awaited guidance, the CBSE issued Circular No 197/7/2016-Service tax dated August 12, 2016, to clarify doubts about Service Tax Liability of Freight Forwarders collecting "Freight, for shipments moving from Indian Port to any place outside India...

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Direct and Indirect Tax Due date calendar -August 2016

DUE DATE CALENDAR- AUGUST, 2016 S.No. Event Date Act Applicable Form Obligation 1 05-Aug-16 Income Tax Form No. ITR- 1,2,3,4 Filing of I.T Returns by Individuals, HUF (without audit) 2 05-Aug-16 Income Tax Form No. ITR- 5 Filing of I.T Returns by Firms, AOPs, BOIs (without audit) 3 05-Aug-16 Income Tax Form No. ITR- 7 […]...

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Procedure for Online Registration of Service Tax

Service tax is the tax imposed by the government on the service providers on certain transactions and it is borne by the consumers. It was introduced in the Finance Act of 1994, it is an indirect tax levied on the services. Any service provider or organization that provides the taxable service over nine lakh must register the service tax ...

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Brief Note on Indirect Tax Dispute Resolution Scheme, 2016

Declaration made shall be acknowledged by the Designated Authority e. Assistant Commissioner specified by the jurisdictional Commissioner and the declarant shall be asked to pay the amounts due from him i.e. duty demanded...

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Distribution of Cenvat Credit by Input Service Distributor (ISD) -Simplified

Input service distributor is defined in Rule 2(m) of Cenvat Credit Rules, 2004.In simple words a input service distributor is a head office/intermediary office which controls the business of manufacturer or producer of final products or output service provider and performs following activities:-...

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CAG criticises Service Tax VCES, 2013

The Performance Audit of CAG revealed deficiencies in the design and enabling provisions of the Service Tax Voluntary Compliance Encouragement Scheme, 2013 (VCES), non-compliance to provisions prescribed in various stages and inadequacies in tax administration ...

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Direct / Indirect Tax Collections up to July, 2016

Indirect Tax Collections up to July, 2016 indicate net revenue collections of Rs.2,71,719 crore as compared to Rs.209217 crore in the corresponding period last year and thereby registering an increase of 29.9% over the corresponding period; 34.9% of the Budget Estimates of indirect taxes for FY 2016-17 achieved till July 2016. ...

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Growth in Direct/Indirect tax collection of 1st quarter of 2016-17

The direct tax collections upto June, 2016 indicate net revenue collection of Rs.1.24 lakh crore which is a growth of 24.79% over the corresponding period last year. The main reason for this increase is the change in the requirements for advance tax payment even in respect of individuals which has been made in the last year’s Budget. ...

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CBEC relaxes norms for recovery of confirmed demands

The Circular further provides that in cases where demand is confirmed by Hon’ble CESTAT or Hon’ble High Court recovery proceeding may be initiated after a period of sixty days from the date of the order provided that no stay is in operation. ...

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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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Service Tax on alcoholic liquor manufacture on job work basis for human consumption valid: HC

Carlsberg India Private Limited Vs. Union Of India & Ors. (Delhi High Court) - Service Tax on manufacture of alcoholic liquor for human consumption on job work basis with effect from 1st June 2015 is Constitutionally Valid: Delhi High Court. Issue Under Consideration These are three petitions filed under Article 226 of the Constitution of India challenging the constitutional v...

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Service Tax on Short Term Hotel Accommodation Unconstitutional: HC

Federation Of Hotels And Restaurants Association Of India And Ors. Vs. Union of India And Ors. (Delhi High Court) - Issue Before Court The challenge in this petition under Article 226 of the Constitution of India is to the constitutional validity of Section 65 (105) (zzzzv) of the Finance Act 1994 (FA) whereby the provision to any person by a restaurant, by having the facility of air-conditioning in any part of i...

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Service Tax Excess payment can be adjusted in Subsequent months

M/s. Schwing Stetter (India) Pvt Ltd Vs Commissioner of Central Excise, LTU (CESTAT Chennai) - Appellant is the centrally registered taxpayer and the error committed could not be detected immediately and it took almost a month to recognise the excess payment made in the month of May, 2011 and hence it was adjusted against the tax liabilities for the month of July, 2011...

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Revenue sharing arrangements are liable to service tax: AAR

In Re M/s Choice Estates and Constructions Ltd (Authority for Advance Rulings) - AAR held that a revenue sharing arrangement by creating a partnering person shall be liable to service tax if the partners are providing taxable service to one another in execution of partnering purpose even if the purpose of creating partnering person is non-taxable. ...

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SCN cannot be issued to debtors until tax liability crystallise

M/s Quality Fabricators and Erectors Vs. The Deputy Director, DGCEI, Zonal Unit Mumbai and Others (Bombay High Court) - In the case of M/s Quality Fabricators and Erectors Vs. The Deputy Director, DGCEI, Zonal Unit Mumbai and Others, it was held that in case of non payment of service tax by the assessee, the notices for recovery cannot be issued to assessee’s debtors unless the liability has been crystallised....

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No Service Tax on tube well construction for Government

Circular No. 199/09/2016-Service Tax - (22/08/2016) - The phrase water supply is a general phrase. Basically it will involve providing users, access to a source of water. The source may be natural or artificial like tanks, wells, tube wells etc. Providing users access to such a source will involve construction of the source (if artificial) and the tran...

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Service tax on hiring of goods without transfer of right to use goods

Circular No.198/08/2016-Service Tax - (17/08/2016) - In terms of sub-clause (d) of clause (29 A) of Article 366 of the Constitution of India, the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration is deemed to be a sale of those goods by the person m...

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Notification No. 37/2016-Service Tax Dated 18.08.2016

Notification No. 37/2016-Service Tax - (18/08/2016) - Giving the powers of Chief Commissioner to Principal Commissioner who have been given the additional charge vide office orders No. 79/2016 dated 14.07.2016 and 86/2016 dated 26.07.2016 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF EXCISE AND CUSTOMS) NOTIFICATION No. 37/2016-Service ...

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Service tax on freight forwarders on transportation of goods from India

Circular No. 197/7/2016-Service Tax - (12/08/2016) - The freight forwarders may deal with the exporters as an agent of an airline/carrier/ocean liner, as one who merely acts as a sort of booking agent with no responsibility for the actual transportation. It must be noted that in such cases the freight forwarder bears no liability with respect to trans...

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Principle of unjust enrichment in case of refund- Draft Circular

Draft Circular / / 2016-Service Tax - (08/08/2016) - Attention is invited to the provisions contained in Section 11B of the Central Excise Act, 1944 (CEA) which provides for grant of refund of duty of excise and interest, if any, paid on such duty. Further the incidence of duty or interest is deemed to be passed on to the buyer of goods by the person ...

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Recent Posts in "Service Tax"

No Service Tax on tube well construction for Government

Circular No. 199/09/2016-Service Tax (22/08/2016)

The phrase water supply is a general phrase. Basically it will involve providing users, access to a source of water. The source may be natural or artificial like tanks, wells, tube wells etc. Providing users access to such a source will involve construction of the source (if artificial) and the transmission of water to the user. It will i...

Read More

CAG criticises Service Tax VCES, 2013

The Performance Audit of CAG revealed deficiencies in the design and enabling provisions of the Service Tax Voluntary Compliance Encouragement Scheme, 2013 (VCES), non-compliance to provisions prescribed in various stages and inadequacies in tax administration ...

Read More
Posted Under: Service Tax |

Service tax on hiring of goods without transfer of right to use goods

Circular No.198/08/2016-Service Tax (17/08/2016)

In terms of sub-clause (d) of clause (29 A) of Article 366 of the Constitution of India, the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration is deemed to be a sale of those goods by the person making the transfer, delivery or supply a...

Read More

Notification No. 37/2016-Service Tax Dated 18.08.2016

Notification No. 37/2016-Service Tax (18/08/2016)

Giving the powers of Chief Commissioner to Principal Commissioner who have been given the additional charge vide office orders No. 79/2016 dated 14.07.2016 and 86/2016 dated 26.07.2016 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF EXCISE AND CUSTOMS) NOTIFICATION No. 37/2016-Service Tax New Delhi, the 18th August, 2016 G.S...

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Analysis of Service tax on Freight Forwarder on Transportation of Goods from India to Overseas

In a welcome move, a much awaited guidance, the CBSE issued Circular No 197/7/2016-Service tax dated August 12, 2016, to clarify doubts about Service Tax Liability of Freight Forwarders collecting "Freight, for shipments moving from Indian Port to any place outside India...

Read More
Posted Under: Service Tax |

Service Tax on alcoholic liquor manufacture on job work basis for human consumption valid: HC

Carlsberg India Private Limited Vs. Union Of India & Ors. (Delhi High Court)

Service Tax on manufacture of alcoholic liquor for human consumption on job work basis with effect from 1st June 2015 is Constitutionally Valid: Delhi High Court. Issue Under Consideration These are three petitions filed under Article 226 of the Constitution of India challenging the constitutional validity of Section 66B of the Finance Ac...

Read More

Service Tax on Short Term Hotel Accommodation Unconstitutional: HC

Federation Of Hotels And Restaurants Association Of India And Ors. Vs. Union of India And Ors. (Delhi High Court)

Issue Before Court The challenge in this petition under Article 226 of the Constitution of India is to the constitutional validity of Section 65 (105) (zzzzv) of the Finance Act 1994 (FA) whereby the provision to any person by a restaurant, by having the facility of air-conditioning in any part of its establishment serving food […]...

Read More

Service tax on freight forwarders on transportation of goods from India

Circular No. 197/7/2016-Service Tax (12/08/2016)

The freight forwarders may deal with the exporters as an agent of an airline/carrier/ocean liner, as one who merely acts as a sort of booking agent with no responsibility for the actual transportation. It must be noted that in such cases the freight forwarder bears no liability with respect to transportation and any legal proceedings will...

Read More

Direct / Indirect Tax Collections up to July, 2016

Indirect Tax Collections up to July, 2016 indicate net revenue collections of Rs.2,71,719 crore as compared to Rs.209217 crore in the corresponding period last year and thereby registering an increase of 29.9% over the corresponding period; 34.9% of the Budget Estimates of indirect taxes for FY 2016-17 achieved till July 2016. ...

Read More
Posted Under: Service Tax |

Principle of unjust enrichment in case of refund- Draft Circular

Draft Circular / / 2016-Service Tax (08/08/2016)

Attention is invited to the provisions contained in Section 11B of the Central Excise Act, 1944 (CEA) which provides for grant of refund of duty of excise and interest, if any, paid on such duty. Further the incidence of duty or interest is deemed to be passed on to the buyer of goods by the person paying it in terms of Section 12B of the...

Read More
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