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Service tax on free Pick-up/Home delivery of food, being ‘Sale’ in nature?

August 26, 2015 60659 Views 15 comments Print

The Government vide Entry No. 19 of the Mega Exemption Notification No. 25/2012-ST dated June 20, 2012 granted exemption from payment of Service tax to Restaurants, eating joint or a mess providing service in relation to food or beverages, other than those having:

No Service tax can be levied on indivisible Works Contracts prior to June 1, 2007

August 22, 2015 5021 Views 0 comment Print

In the case of Larsen and Toubro Ltd, Kehems Engg Pvt Ltd Vs. CST, Delhi/ CCE & ST, Indore/ CCE/ Rajkot and CCE & ST, Indore Vs. Kehems Engineering Pvt Ltd. [2015-TIOL-527-CESTAT-DEL-LB], the Five Member Bench of the Hon’ble CESTAT, Delhi

CBEC clarifies on SCN issuance & proceedings conclusion as per amended penal provisions in Service Tax and Central Excise

August 21, 2015 18820 Views 0 comment Print

The penal provisions under the Service Tax and the Central Excise has been liberalised vide the Finance Act, 2015, effective from May 14, 2015, whereby, in terms of the amended provisions, if an assessee is willing to pay the duty/tax along with interest either before the issuance of Show Cause Notice (SCN) or within 30 days from the date of issue of SCN, there shall be:

CESTAT has power to extend Stay beyond 365 days where delay in disposal of appeal is not attributable to the assessee

August 19, 2015 1968 Views 0 comment Print

Whether the CESTAT is empowered to grant or extend Stay of recovery of demand beyond 365 days from the date when the Stay Order was initially passed, notwithstanding that the delay in disposal of the appeal was not attributable to an assessee?

Rajya Sabha adjourns sine die without passing the GST Bill

August 18, 2015 2067 Views 0 comment Print

The Monsoon session of the Parliament, which saw protests between the Government and the Opposition, has been a complete washout. However, on the second day of the session, i.e. on July 22, 2015, Select Panel of the Rajya Sabha managed to submit its Report on the GST Bill amid Opposition furore over the Lalit Modi row.

Mandatory pre-deposit for filing appeals under Service Tax, Excise and Customs – The Dilemma Continues

August 12, 2015 3616 Views 0 comment Print

Whether mandatory pre-deposit provision under Section 35F of the Central Excise Act, 1944[as applicable for Service Tax vide Section 83 of the Finance Act, 1994 and for Customs vide Section 129E of the Customs Act, 1962] would be applicable to the cases where the lis commenced prior to August 6, 2014?

Exemptions under Service tax are optional unlike Section 5A of CEA

August 8, 2015 3854 Views 0 comment Print

Whether it is justified on the part of jobworker to pay Service tax on its activity despite of Exemption Notification available under the Finance Act, 1994 and thereby passing on Service tax credit to the principal manufacturer?

Refund of pre-deposit is permissible through a simple letter and no need to file refund claim u/s 11B of the CEA

August 5, 2015 9692 Views 1 comment Print

Whether the Assessee is required to file refund claim under Section 11B of the Central Excise Act, 1944 for refund of the amount deposited during investigation despite of the fact of appeal allowed in Assessee’s favour with consequential relief?

VAT not applicable on transfer of right to use of goods if effective possession and control of goods not transferred

July 31, 2015 4457 Views 0 comment Print

Whether the Agreement of giving on hire two Deluxe buses for being run on the routes as per requirement of the person to whom they are hired, constitutes ‘transfer of right to use of goods’ so as to be liable to VAT under Section 2(1)(zc)(vi) of Delhi Value Added Tax Act, 2004?

No denial of refund on non-realisation of export proceeds

July 30, 2015 2708 Views 0 comment Print

Whether refund of accumulated Cenvat credit filed under Rule 5 of the Cenvat Credit Rules, 2004 can be denied on the ground that the sales proceeds in respect of goods exported have not been realised by the Appellant?

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