Service Tax News, Articles, Notifications and Forms

  • Feb
  • 25
  • 2013

Service tax on CA – Contrary view on Delhi HC decision

Added In Service Tax
Contrary View to Hon’ble Delhi High Court decision quashing Circular No.154 & 158 with reference to Point of Taxation Rules, 2011.   In a recent judgment dated 01-02-2013, the Hon’ble High Court of Delhi, in the case of Delhi Chartered Accountants Society (Regd.) V/s Union of India & Others, C.M.No.9237/2012 (for stay, has quashed Circular No. 154/5/2012 – ST [...]

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  • Feb
  • 25
  • 2013

CBEC notifies ST-3 – Return of 2nd Quarter can be filed till 25-3-2013

Added In Service Tax
NOTIFICATION NO. 01/2013-ST, DATED 22-2-2013 Form ST- 3 for the period between the 1st day of July 2012 to the 30th day of September 2012, shall be submitted by the 25th day of March, 2013

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  • Feb
  • 25
  • 2013

Delay cannot be condoned for negligence by senior manager despite reminder by juniors

Added In Service Tax
It is evident from the above account of the conduct of the two officials that they chose not to take proper steps at appropriate stage for filing the appeal even though they knew that it was their duty to do so. We have also noted that Mr. Prasad is totally remorseless in his affidavit. If [...]

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  • Feb
  • 23
  • 2013

Merely making entry in books of account did not amount to provision of service

Added In Service Tax
Case – Futura Polyester Ltd. v. Commissioner of Central Excise [CESTAT Chennai] Issue: Whether merely making entry in books of account amount to provision of service? Facts: M/s Futura Polyester ltd. (“the Appellants”) entered into an agreement with M/s. Futura Polymers Ltd., a 100% EOU Division for transfer of technical know-how. As per the agreement, [...]

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  • Feb
  • 20
  • 2013

Input services also cover services used in business of manufacture of final product

Added In Service Tax
 The Hon’ble High Court of Bombay in the case of CCE v. Ultratech Cement Ltd. [2010] 29 STT 244 (Bom.) considered the issue at length and held that the definition of input service under Rule 2(l) of the Cenvat Credit Rules, is very wide and covers not only services which are directly or indirectly used [...]

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  • Feb
  • 20
  • 2013

Service availed in relation to business of manufacturing or providing output service is entitled to input service credit

Added In Service Tax
Hon’ble High Court of Mumbai in the case of CCE v. Ultratech Cements (P.) Ltd. [2010] 29 STT 244 held that any service availed by the assessee in or in relation to the business of manufacturing or providing output service is entitled to input service credit.

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  • Feb
  • 16
  • 2013

Taxation of Software –Sale of Goods or Services- Legal Controversy

Added In Service Tax
Information technology services are declared services under Section 66 E (d) – Development, design, programming, customization, adaption, upgradation, enhancement, implementation of information technology software

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  • Feb
  • 15
  • 2013

No service tax on providing life insurance to employees as it’s a statutory obligation and not service

Added In Service Tax
By virtue of Rule 22A of Part I KSR, which rules have been formulated by the State Government in exercise of the power under Article 309 of the Constitution of India, it is obligatory on the part of any State Government employee to have applied for and obtained coverage in respect of life, by subscribing [...]

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  • Feb
  • 15
  • 2013

Manpower Supply – Sharing the employees with sister concern is not Services

Added In Service Tax
The facts of the case are the appellant, M/s. Paramount Communications Wire and Cable Ltd., another sister concern company M/s. Paramount Wire and Cable Ltd. were utilising the services of certain common staff located in their common head office at Delhi.

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  • Feb
  • 15
  • 2013

Service tax demand cannot be upheld merely on basis of admission of liability by employee

Added In Service Tax
It is not in dispute that although the employee of the assessee during the course of recording statement had admitted and expressed willingness to pay service tax, in the affidavit-in-reply to the show-cause notice, the liability to pay service tax was specifically denied and even before the adjudicating authority it was contended that service tax [...]

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