Service Tax judiciary-2

No Penalty for non payment of service Tax if no willful suppression of facts to evade tax

Mahadev Logistics, Vs Customs and Central Excise Settlement Commission (Chhattisgarh High Court)

Court is of the considered opinion that there is no willful suppression of facts to evade tax on the part of the petitioner and it was bona fide on the part of the petitioner, it was not deliberate and in absence of finding relating to mensrea recorded by the Settlement Commission, the penalty imposed upon the petitioner under Section 78 ...

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Government cannot direct assessing officer to take a particular view: HC

M/s. All India Association of Authorized Money Changers & Money Transfer Agents Vs The Union of India & Ors. (Bombay High Court)

HC held that The Central Government cannot direct the assessing officer to take a particular view of the matter as that would be a direct interference with his powers as an assessing officer. He has to exercise the powers in accordance with law. ...

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EPF Organization Activities are not liable to Service Tax

M/s Employee Provident Fund Organization Vs CST (CESTAT Delhi)

These two appeals are against impugned orders, both dated 01/07/2010, passed by Commissioner of Service Tax, New Delhi. The appellant is an institution created by an Act of Parliament – The Employee’s Provident Fund and Miscellaneous Provision Act, 1952 (EPMF & MP Act)....

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Erection / Installation work supervision by Consulting Engineer is taxable service

Super Sales Agencies Ltd. Vs Commissioner of Central Excise Coimbatore (CESTAT Chennai)

Appellant was supervisor to provide technical assistance for the purpose of erection and installation. Therefore Revenue is correct in its approach to bring the service provided by the appellant as Consulting Engineer, providing consultancy for the said service....

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HC upheld Constitutionality of Service Tax on Lottery Ticket Sale activities

M/s Future Gaming & Hotel Services (P) Ltd. Vs. Union of India & Others (Sikkim High Court)

Union-Parliament is conferred with the power and competence under Article 268A read with Entry 97, List I (Union List) to impose and levy service tax on related activities in distribution and sale of lottery tickets....

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No Service Tax on fees paid for grant of Airport Management to AAI

Delhi International Airport P. LTD. Vs Union of India & ORS (Delhi High Court)

As there is no representational right conferred by AAI on the petitioners, the OM DA cannot constitute a franchise in terms of Section 65(47) of the Finance Act. Further as no service is being provided by AAI to the petitioners, there cannot be said to be any taxable service in terms of section 65(105) (zze)....

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SC Stays Delhi HC judgment on Service Tax Audit by Department or CAG

Union Of India Vs. Mega Cabs Pvt. Ltd. (Supreme Court)

In the case of Mega Cabs Pvt. Ltd. Vs. Union Of India & Ors. dated 03.06.2016 , Honorable Delhi High Court has 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 […]...

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Assessee cannot be forced to pay entire disputed amount during pendency of assessment

Prosper Build Home Pvt. Ltd. V/s. Union Of India (Allahabad High Court)

The facts leading to the filing of the writ petition is that the petitioner provides labour in the construction of buildings to various builders under a works contract. It is alleged that under the agreement the petitioner is liable to pay service tax w.e.f. 01.07.2012....

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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 validity of Section 66B of the Finance Ac...

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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 its establishment serving food […]...

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