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The Department can’t force assessee to avail a particular exemption Notification when benefit of other exemption Notification is available

July 29, 2013 2862 Views 0 comment Print

M/s Winsome Yarns Ltd. is manufactures of Yarn. During the period from September, 2009 to May, 2010, the Appellant were availing the exemption Notification No. 29/2004-CE dated July 9, 2004 in respect of the yarn manufactured and cleared for export as well Notification No. 30/2004-CE dated July 9, 2004 in respect of clearances intended for domestic consumption.

PPT on Service Tax Voluntary Compliance Encouragement Scheme, 2013

July 28, 2013 6180 Views 0 comment Print

CA Bimal Jain Eligible Person: – • Non Filers/ Stop Filers • No Notice or an Order U/S 72 (Best Judgment) or U/S 73 (Taxes not levied/ not paid or short levied/ short paid or erroneously refunded) or U/S 73A (ST collected to be deposited with CG) has been issued or made before the 1-3-2013 […]

No Service tax on notional interest on security deposit for rented premises

July 24, 2013 4378 Views 0 comment Print

In this context the Appellant contended that security deposit has no nexus with the area of the property rented out. It is charged as six months’ rent and therefore, it cannot be said that the notional interest has influenced the consideration received for the services rendered.

No liability to pay service tax again if assessee has deposited the service tax under wrong accounting code

July 16, 2013 7405 Views 0 comment Print

M/s Arcadia Share & Stock Brokers Pvt. Ltd. (“the Appellant”) was engaged in rendering stock broker services. However, the Appellant discharged service tax liability under the wrong accounting code i.e. service tax was remitted under the accounting code for education cess. The Department confirmed demand against the Appellant for non-payment of service tax under proper accounting code.

No Cenvat credit reversal required where service tax is not paid due to non-recovery of consideration in case assessee pays ST on receipt/ collection basis

July 4, 2013 9235 Views 0 comment Print

Whether the Cenvat credit reversal is required, where no service tax is paid on output services owing to non-recovery of consideration in case the assessee pays service tax on receipt/ collection basis under Rule 6(1) of the Service Tax Rules, 1994

Cenvat credit cannot be denied on inputs used in a process not considered as manufacture

June 25, 2013 1871 Views 0 comment Print

We are sharing with you an important judgement of the Hon’ble Customs, Excise and Service Tax Appellate Tribunal of Bangalore (the CESTAT) in the case of the CCE Vs. M/s Amar Roto Prints [2013-TIOL-926-CESTAT-BANG] on following issue: Issue: Whether Cenvat credit can be denied on inputs used in a process not considered as manufacture and […]

Electricity charge recovered from tenant not includible in renting of immovable property

May 26, 2013 14480 Views 0 comment Print

Whether electricity charges towards electricity consumed by tenant, recovered on actual basis by landlord are includible in value of renting of immovable property services?

Every audit objection doesn’t lead to invocation of extended period and levy of penalty

May 18, 2013 3077 Views 0 comment Print

The Hon’ble CESTAT held that every shortcoming noticed during Audit cannot be held as due to mala fide intention on part of Assessee so as to invoke extended period of limitation and levy the penalty.

Excise paid on Inputs and ST on Input services used in construction sector can be utilized for discharging ST liability on renting of immovable property

April 26, 2013 2889 Views 0 comment Print

The Hon’ble Tribunal has held that Excise duty paid on Inputs and Service Tax paid on Input services used in the construction of immovable property can be taken and utilized for discharging ST liability on the renting of such immovable property and granted unconditional waiver from the pre-deposit of the dues adjudged against the Appellant and stay recovery thereof during the pendency of the Appeal on the basis of relying upon the following case laws:

Services for installation of storage tank for storage of inputs outside factory are input services

April 22, 2013 1469 Views 0 comment Print

Whether Services in relation to erection, commissioning and installation of storage tank for storage of imported inputs/ammonia outside factory are eligible as input services?

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