Service Tax News, Articles, Notifications and Forms

  • Aug
  • 01
  • 2015

Service Tax: Self Assessment To Selfish Scrutiny

Added In Service Tax
CA Satish Sarda To keep a check on the system of Self Assessment under service tax , with effect from 1st August 2015 Department is coming out with a strong ‘return scrutiny ‘ system. It is going to be a two part system of Preliminary and Detailed Scrutiny. CBEC has recently issued one Circular No.185 […]

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  • Jul
  • 30
  • 2015

Physical meeting of Commissioners not required u/s 86(2) of Finance Act, 1994

Added In Service Tax
The Hon’ble High Court held that the Section 86(2) does not state as to the manner in which Committee of Commissioners have to arrive at a decision as to whether an appeal should be preferred against the order of Commissioner of Central Excise.

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  • Jul
  • 29
  • 2015

How to pay Service Tax physically or online

Added In Service Tax
Service Tax can be paid either physically or online Physically: – An Assessee has to fill GAR-7 Challan [ Download GAR -7 Challan ] and payment can be made through bank. Now, the banker shall stamp the acknowledgement of GAR-7 with CIN- Customer Identification Number containing- BSR Code, Date of Deposit, Serial No of Challan, which can be […]

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  • Jul
  • 28
  • 2015

Scrutiny of Service Tax Returns

Added In Service Tax
The Board vide Circular No. 113/07/2009-ST had laid down the procedure for carrying out detailed scrutiny of Service Tax Returns (ST-3) and had circulated a return scrutiny manual for Service Tax.

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  • Jul
  • 27
  • 2015

Construction Activities and Its Taxability

Added In Service Tax
Construction industry is one of the most profitable industries in our country. Its play a vital role in development of infrastructure, which is the most essential for development of our country. The government of India has given various concessions in to this industry in taxation matters.

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  • Jul
  • 23
  • 2015

No Service Tax on Services Provided in India on behalf of Recipient Located Outside India

Added In Service Tax
The appellant is an agent of Western Union on whose behalf appellant is disbursing money to the persons directed by Western Union who is located outside India. Revenue is of the view that as the service has been performed in India therefore, the service is received by Western Union in India. Therefore appellant is liable to pay service tax under the category of Business Auxiliary services for the commission received by the appellant for disbursing money to a person directed by Western Union .

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  • Jul
  • 22
  • 2015

Recovery proceedings U/s. 87 of Finance Act before adjudication of SCN is not permissible

Added In Service Tax
Thus, if an assessee declares amount of Service tax payable by him in his ST-3 Return (on self-assessment) but does not pay the Service tax, immediate recovery proceedings can be initiated under Section 87 of Finance Act, without even issuing any SCN.

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  • Jul
  • 21
  • 2015

Reverse charge in Service Tax

Added In Service Tax
For minimisation of service tax evasion central government extended the liability of service tax payment from provider of service to recipient of service. In other word in some cases service recipient pays service tax. As per rule 2(1)(d) of SERVICE TAX RULES, 1994 followings services are under preview of Reverse charge -:

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  • Jul
  • 20
  • 2015

Service Tax Recovered but not paid to Government is Tax Evasion

Added In Service Tax
In a recent judgment the Hon’ble Tribunal in the case of M/s IWI CROGENIC VAPORIZATION SYSTEMS INDIA Vs Commissioner of Central Excise Vadodar (2015-TIOL-1458-CESTAT-AHM) has held that recovering tax from the service recipients and not paying the same to Department has to be treated as evasion of service tax with an intention to evade the tax and hence penalty is leviable even if tax liability along with interest was paid before the issue of Show Cause Notice.

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  • Jul
  • 18
  • 2015

Back to Back Works Contract under Service Tax – Brief Analysis

Added In Service Tax
Works contract, as understood in trade, means a composite contract involving both supply of goods and provision of service. As per Article 366(29A) of the Constitution of India, transfer of property involved in goods in the execution of works contracts are considered as deemed sale. The service tax levy on “works contract” was specifically introduced way back in 01.06.2007.

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