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Service tax implication on AC Restaurants vide Finance Bill, 2013

March 29, 2013 37693 Views 21 comments Print

With effect from July 1, 2012, Service is defined under Section 65B(44) of Chapter V of the Finance Act, 1994 (“the Finance Act”) means  any activity carried out by a person for another person for a consideration is service, which includes a declared service. Further service tax is applicable unless said service falls under the […]

Changes in Indirect Taxes – Union Budget 2013

March 1, 2013 4081 Views 0 comment Print

Important changes in Indirect Taxes – Union Budget 2013:- No change in peak rate of Customs (10%), Central Excise (12%) and Service tax rates (12%). UNION BUDGET 2013: CHANGES IN SERVICE TAX A. CHANGES IN CHAPTER V OF THE FINANCE ACT, 1994 (WILL COME INTO FORCE WHEN THE FINANCE BILL, 2013 IS ENACTED):- i. Changes […]

Merely making entry in books of account did not amount to provision of service

February 23, 2013 6295 Views 0 comment Print

Furthermore, reliance was also placed on the case of CST & STC v. Molex (India) Ltd. [2012] 18 taxmann.com 113 (Kar.), the Hon’ble High Court had held that supply of technical know-how cannot be taxed under “Consulting Engineering Service”. Therefore, the argument of Revenue to tax the supply of technical know-how under “Consulting Engineering service” was also rejected by the Hon’ble CESTAT.

Mere non-payment of duties is not collusion or willful misstatement or suppression of facts

February 14, 2013 8141 Views 0 comment Print

It is settled law that for invoking the extended period of limitation duty should not have been paid, short levied or short paid or erroneously refunded because of either fraud, collusion, wilful misstatement, suppression of facts or contravention of any provision or rules.

Service Tax – 10% or 12% – Delhi HC quashes two Circulars imposing higher rate of Service tax

February 5, 2013 7321 Views 0 comment Print

What would be the rate of Service tax where the service is provided by the Chartered Accountants prior to 01.04.2012 and the invoice is also issued prior to 01.04.2012 but the payment is received after 01.04.2012.

No direct Nexus required of Input Services vs. Output Services for Refund on Export

January 29, 2013 6041 Views 0 comment Print

In the present case, M/s Kijiji (India) (P.) Ltd. (hereinafter referred to as appellants) was engaged in providing Business auxiliary services to their customers located abroad. The appellant filed a refund claim for the service tax paid on input services such as legal services, market data, payroll processing, customers support activities, etc.,

Stay against CBEC’s Circular on recovery of confirmed demand during pendency of stay application

January 12, 2013 3119 Views 0 comment Print

The Central Board of Excise and Customs (CBEC) has issued its first Central Excise Circular No. 967/01/2013 – CX, dated January 01, 2013 on eve of New Year 2013, for recovery of confirmed demands during pendency of Stay applications. The Circular has rescinded seven previous circulars on the subject matter.

What is acceptance of Service for the chargeability of Service Tax

January 5, 2013 1164 Views 0 comment Print

Recently, TRU has issued Circular No. 166/1/2013 dated January 1, 2013 which is summarised for your easy digest: This Circular is being issued upon representation made by life insurance companies that in terms of the practice followed, reminder notices/letters are being issued to the policy holders to pay renewal premiums. Such reminder notices only solicit […]

CBEC Gift- If Stay Application is Pending, Pay up Confirmed Amounts

January 3, 2013 3011 Views 0 comment Print

CBEC has issued its first Central Excise Circular No. 967/01/2013 – CX, dated January 01, 2013 on eve of New Year 2013, for recovery of confirmed demands during pendency of Stay applications. The Circular has rescinded seven previous circulars on the subject matter. The said Circular has brought about a significant shift in the timing of recovery of confirmed demands, where the stay applications are not disposed off by the appellate authorities, within a period of 30 days of filing thereof.

Right to use of Trade Mark – Goods or Services – Whether VAT or Service Tax applicable

December 21, 2012 10655 Views 0 comment Print

The Petitioner Company had entered into Franchisee Agreements with several companies, situated inside and outside Kerala and also abroad, as per which, on mutually agreed terms and conditions, these companies were allowed to use the Trademark owned by the petitioner.

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