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SC to decide whether Service tax leviable on secondment of employees

Case Law Details

TaxGuru Citation
2022 taxguru.in 4985
Case Name
Commissioner of GST And Central Excise Chennai Vs Komatsu India Pvt. Ltd. (Supreme Court of India)
Date of Judgement/Order
Only available for paid members
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Commissioner of GST And Central Excise Chennai Vs Komatsu India Pvt. Ltd. (Supreme Court of India)

The Division Bench of the Hon’ble Supreme Court of India, comprising of Hon’ble Mr. Justice Sanjiv Khanna and Hon’ble Mr. Justice J K Maheshwari, issued Notice in the case of Commissioner of GST and Central Excise Chennai v. M/s Komatsu India Pvt. Ltd, to the question whether salary paid on secondment of employees is taxable service under Section 65(105)(k) of the Finance Act, 1994. The case has been tagged along with the case of Commissioner of Service Tax, Delhi-IV v. M/s. Nortel Networks India Pvt. Ltd., Civil Appeal No. 3692/2017.

FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER

Delay condoned.

Issue notice limited to the question on whether salary paid on secondment of employees is a taxable service under Section 65(105) (k) of the Finance Act, 1994.

Notice would be given dasti, as well.

List and tag with Civil Appeal No. 3692/2017 titled ‘Commissioner of Service Tax, Delhi-IV v. M/s. Nortel Networks India Pvt. Ltd.’.

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(Author can be reached at [email protected])

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Author Info

Bimal Jain
Name: Bimal Jain
Qualification: LL.B / Advocate
Company: A2Z Taxcorp LLP
Location: Delhi, Delhi
Articles Published: 2,897

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