TRU has issued a Circular No. 164/15/2012-ST dated August 28, 2012 clarifying certain issues in relation to levy of service tax on certain vocational education/training/ skill development courses (VEC) offered by the Government (Central Government or State Government) or local authority themselves or by an entity independently established by the Government under the law, as a society or any other similar body.
It has been ‘mentioned that many builders charge additional amount known as “floor rise charges” in addition to the normal sale price of a flat. It is also mentioned in your letter that the said charges are recovered for additional construction cost for floor rise because the construction cost increases as per the increase in the floor.
The Income Tax Department is observing the first fortnight of September, 2012 starting from 03/09/2012 to 14/09/2012 as “Demand Management Fortnight”. In this regard a single window grievance cell has been set up to receive, acknowledge, and monitor grievance petitions pertaining to demand adjustment by CPC Bangalore for entire CCIT (CCA) Delhi Region. All taxpayers having a grievance pertaining to incorrect arrears demand communicated / adjusted by CPC, Bangalore are required to contact to the following officer.
The government today said it has served show cause notices to manufacturers of pharmaceutical products who have failed to pay service taxes worth hundreds of crores of rupees.
On facts, we find that the assessee ought to have maintained a separate account in respect of raw material which it had sold during the assessment year. If the assessee had maintained a separate account, then, in that event, a clear picture would have emerged which would have indicated the income accrued from the manufacturing activity and the income accrued on the sale of raw material.
Where the assessee has maintained the Attendance Register of labourers shown the ledger account of labour charges and office expenses, which were all duly produced before the AO and also placed before us which contained the details of wages paid to and accepted by the labourers, no defect in the same has been pointed by the revenue. The action to make the ad hoc disallowance @5% qua the same and 10% in the case of office expenses on the reasoning that to curb the possibility of revenue leakage and seems excessive respectively is arbitrary which cannot be supported in law.
