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Archive: December, 2014

Posts in December, 2014

CAs/ CMAs can conduct Service tax audits

December 5, 2014 13523 Views 0 comment Print

Vide Notification No. 23/2014- ST dated- 05.12.2014, CBEC has amended rule 5A(2) and the pronouncement of Allahabad High Court has been followed principally & CAs/CMAs have been made empowered to conduct service tax audits.

Reverse & Partial Reverse Charge Mechanism in Service Tax

December 5, 2014 771271 Views 47 comments Print

The reverse charge mechanism (RCM) was first introduced effectively from 01-01-2005 vide Notification No. 36/2004-ST dt. 31-12-2004 read with Rule 2(1)(d) of Service Tax Rules, 1994. With effect from 01-07-1012 a new mechanism of reverse charge (RCM) and partial reverse charge or joint charge (PRCM / JCM) was introduced with the introduction of negative list regime of service tax.

Merely because respondent is State, delay in filing appeal cannot be mechanically considered

December 5, 2014 1538 Views 0 comment Print

Allowing the appeal, the Hon’ble Supreme Court HELD Merely because the respondent is the State, delay in filing the appeal or revision cannot and shall not be mechanically considered and in absence of sufficient cause’ delay shall not be condoned.

SSI Exemption under Service Tax

December 5, 2014 207967 Views 45 comments Print

Central Government exempts taxable services of aggregate value not exceeding ten lakh rupees in any financial year from the whole of the service tax leviable thereon under section 66B of the said Finance Act except the following services described below;

Notification No. 100 (RE-201 3)/2009-2014, Dated: 05.12.2014

December 5, 2014 1243 Views 0 comment Print

Existing policy conditions (prior to this amendment) as available at page 545 of ITC(HS) Classification of Export and Import Items (as updated on 18.04.2012), for the Exim Codes 6802 10 00, 6802 21 10, 6802 21 20, 6802 21 90, 6802 91 00 and 6802 92 00 of Chapter 68 are extracted below (earlier policy conditions).

Maharashtra TIN validation Utility in excel (Structural Validation)

December 5, 2014 4266 Views 0 comment Print

This excel utility is only for Maharashtra VAT TIN Holders. Enter a list of TINS in A column. Copy paste the formula in column B till the cell you have entered the TIN. It will show True or False. True signifies it is structurally valid and false signifies it is structurally invalid. For more details […]

Value of materials not includible in value of services where Agreement quantifies value of materials separately

December 4, 2014 2154 Views 0 comment Print

Goverdhan Transformer Udyog Pvt. Ltd. (the Assessee) provided Management, Maintenance and Repair services (Repair services) for the repair of old and damaged transformers to Dakshinanchal Vidyut Vitaran Nigam Ltd. (DVVN).

Tribunal has no inherent power to put a condition for depositing an amount for adjudicating the case afresh

December 4, 2014 543 Views 0 comment Print

In the instant case, a Show Cause Notice was issued by the Ld. Commissioner to Maa Mahamaya Industries Ltd. (the Appellant) and the same was adjudicated against the Appellant. Being aggrieved, the Appellant preferred an appeal before the Hon’ble CESTAT.

Nobody in factory' cannot tantamount to refusal of Appellant

December 4, 2014 1289 Views 0 comment Print

The Hon’ble High Court of Allahabad held that an endorsement by the postal authority that ‘there is nobody in the factory’ cannot tantamount to refusal of the Appellant nor it can be read as factory is closed.

SCN after retrospective amendment is not sustainable

December 4, 2014 1136 Views 0 comment Print

In the instant case, demand of Service tax is raised against PSL Ltd. (the Appellant) as recipient of Goods Transport Agency (GTA) services for the period from November 16, 1997 to June 2, 1998, by issuing a Show Cause Notice dated July 31, 2007 i.e. after retrospective amendment

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