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Rejection Order under VCES is appealable and Recent clarifications issued pertaining to VCES

December 13, 2013 2507 Views 0 comment Print

Whether the Order passed by Revenue under Service Tax Voluntary Compliance Encouragement Scheme, 2013 (VCES) is appealable? The High Court has held that the Order passed under the Scheme is appealable. It was held that VCES is part and parcel of Finance Act, 1994 by virtue of amendment made by the Finance Bill, 2013

e-payment of Service Tax/ Central Excise mandatory for those who paid tax of more than One lakh in preceding financial year

November 26, 2013 1791 Views 0 comment Print

Electronic Payment of Service Tax/ Central Excise mandatory for those who paid tax of more than One lakh in preceding financial year The Central Government vide Notification No. 16/2013-ST dated November 22, 2013 (“the Notification”) has amended the proviso to Rule 6(2) of the Service Tax Rules, 1994 (“the Service Tax Rules”) and similarly, amendment […]

Time limit prescribed for filing Form A-3 by SEZ Unit / SEZ Developer

November 21, 2013 8489 Views 2 comments Print

Notification 12/2013 exempts the services on which service tax is leviable under section 66B of the Finance Act, 1994 from the whole of the service tax, education cess, and secondary and higher education cess leviable thereon received by a unit located in a Special Economic Zone or Developer of SEZ and used for the authorised operations.

Assessee entitled to interest if the Department unjustly holds rightfully earned Cenvat credit

November 11, 2013 601 Views 0 comment Print

It was held by the Hon’ble High Court that the Department cannot be permitted to unjustly hold on the Appellant’s money without any interest, as it would amount to benefiting the Department from its own wrong.

No Services tax on serving of food in canteen by Factory

October 22, 2013 27640 Views 25 comments Print

Services provided in relation to serving of food or beverages by a canteen having the facility of air-conditioning or central air-heating at any time during the year maintained in a factory covered under the Factories Act, 1948 will be exempt from levy of service tax.

Same activity cannot be considered as manufacturing and service at a time

October 18, 2013 6814 Views 0 comment Print

Whether the same activity can be considered as manufacturing and subjected to excise duty and at the same time considered to be a service and subjected to service tax?

Restaurant Service – clarification provided by CBEC

October 7, 2013 14912 Views 0 comment Print

In a complex where air conditioned as well as non-air conditioned restaurants are operational but food is sourced from the common kitchen, will service tax arise in the non-air conditioned restaurant?

No Recovery proceedings if applied for VCES on services in default

September 27, 2013 4087 Views 0 comment Print

The petitioner has demonstrated that he fulfils the eligibility conditions of VCES, 2013 and that unless the application is considered and decided, no proceedings under Section 87 may be allowed to continue. The object of the Service Tax VCES, 2013 may be defeated, if the recovery is allowed to proceed.

Recent Clarification on Arrest & Bail, Education Services and Ad-hoc Exemption for Service Tax in Uttarakhand

September 20, 2013 867 Views 0 comment Print

We are sharing with you some of the important recent clarifications issued by the Board on following points: Arrest and Bail under the Service Tax The Board vide Circular No.171/6/2013-Service Tax, Dated: September 17, 2013 has released the guidelines for arrest and bail in relation to offences punishable under the Finance Act, 1994 (Service Tax) […]

Work carried out on lump sum basis does not falls under supply of manpower services

September 10, 2013 10590 Views 0 comment Print

Under a contract with a cement company, the Assessee carried out activities of loading of cement bags into closed wagons, cleaning, sealing and riveting, etc., wagon door complete spillage recovery of total quantity, drawing of bags to stenciling floor, and wagon door opening/wagon cleaning – It was compensated for different items of work at separate rates prescribed in contract.

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