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Composition scheme benefit cannot be denied on post-sale construction by dealers who are engaged in both construction & sale

November 11, 2015 1547 Views 0 comment Print

High Court of Andhra Pradesh held that if dealers engaged in the construction and sale of residential apartments, houses, buildings or commercial complexes, exercise an option, and comply with the conditions stipulated in Section 4(7)(d) of the Andhra Pradesh VAT Act and Rule made thereunder

Preservation of stem cells by cord blood banks is exempted only w.e.f. February 17, 2014

November 11, 2015 13947 Views 3 comments Print

Preservation of stem cells by cord blood banks is exempted only w.e.f. February 17, 2014/ Exemption Notification will have prospective effect when nothing specifically mentioned in the Notification as such. Life Cell International (P) Ltd. Vs. Union of India (MADRAS HIGH COURT)

No Service tax on amount of lease rent equalization shown in Balance Sheet

November 11, 2015 2195 Views 0 comment Print

Reliance Infratel Ltd. Vs. CCE (CESTAT Mumbai) Reliance Infratel Ltd. was engaged in the business of providing ‘passive wireless telecom infrastructure’. The Appellant and its associated enterprise entered into an MOU whereby the Appellant granted Associated enterprise an indefeasible right to use 80% of the total capacity of its optic fibre cable network for 10 years.

Expenses actually incurred and reimbursed by service recipient would not form part of assessable value of services

November 11, 2015 1727 Views 0 comment Print

The Department has confirmed the demand against Expera India Pvt. Ltd. and others (the Appellants) and held that reimbursement of expenses are to be included in the gross value of the services in terms of the provisions of Rule 5(1) of the Service Tax Valuation Rules.

Department cannot file FIR under provisions of IPC for alleged non-payment of Service tax

November 11, 2015 1298 Views 0 comment Print

Department cannot file FIR under provisions of IPC for alleged non-payment of Service tax as the Finance Act being a special and complete Code prevails over general provisions of IPC- Ajay Kumar Sandhu Vs. State of Haryana [2015 (62) taxmann.com281 (Punjab & Haryana)]

Remittance against export of services received in INR through foreign bank is deemed to be received in convertible foreign exchange

November 11, 2015 5787 Views 0 comment Print

AGM India Advisors Pvt. Ltd. Vs. Commissioner of Service Tax (CESTAST Mumbai)- Remittance against export of services received in Indian Rupees but through foreign bank is deemed to be received in convertible foreign exchange – Export condition stands satisfied.

Swachh Bharat Cess @ 0.5% on value of all taxable services levied from November 15, 2015

November 7, 2015 50053 Views 0 comment Print

Pursuing with Mr. Narendra Modi’s Dream of Swachh Bharat, in Union Budget 2015, a provision was made for levying a Swachh Bharat Cess on all or any of the services, for the purposes of financing and promoting Swachh Bharat initiatives or for any other purpose relating thereto. However, the SB Cess was to be levied from such date as may be notified by the Central Government after the enactment of the Finance Bill, 2015.

Credit of EC & SHEC can be used for payment of Service tax

October 30, 2015 25731 Views 1 comment Print

CG vide Notification No. 22/2015-Central Excise (N.T.) dated October 29, 2015 (“the Notification”) has amended the Credit Rules once again to allow use of Credit of Cess charged on Inputs, Input Services and Capital Goods received on or after June 1, 2015 for payment of output liability of Service tax on or after June 1, 2015 on similar line as was done for the manufacturers.

Draft GST Report on Returns under GST on public domain

October 22, 2015 7983 Views 0 comment Print

Key highlights of Draft Report on Returns under GST – 1. Every registered dealer is required to file Return for the prescribed tax period. A Return needs to be filed even if there is no business activity (i.e. Nil Return) during the said tax period of return; 2. Eight different types of Returns are prescribed viz. GSTR 1 to GSTR 8;

Rebate of Excise duty admissible on both inputs & final products

October 14, 2015 3044 Views 0 comment Print

Whether the Assessee is eligible to claim rebate of Excise duty paid on inputs used in exported goods as well the Excise duty paid on exported final products under Rule 18 of the Central Excise Rules, 2002 (the Excise Rules)?

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