This Stay Petition is been filed for waiver of pre-deposit of amounts of Service Tax confirmed by the adjudicating authority and upheld by first appellate authority. The Service Tax has been confirmed by adjudicating authority and upheld by first appellate authority, on the ground that the appellant are liable to discharge Service Tax liability on NSE/BSE transaction charges and SEBI turnover fees.
With regard to the adjustment of refunds against the outstanding demands, various communications have been issued in the past. A brief reference of the same is as under:
In the instant case, the contributors, namely, the members of the assessee made contributions, which have been kept in fixed deposit with third party banks and those third party banks have contributed to the members fund. Accordingly, the members fund have been expanded not by the contributors/members, but by a third party.
G.S.R. (E). – Whereas in the matter of import of Digital Offset Printing Plates (hereinafter referred to as the subject goods), originating in or exported from the Peoples’ Republic of China (China PR) and Japan (hereinafter referred to as the subject countries) and imported into India, the designated authority, vide its preliminary findings F.No. 14/7/2011-DGAD, dated the 16th March, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th March, 2012, had come to the conclusion that –
We have stated the role of the State as a model employer with the fond hope that in future a deliberate disregard is not taken recourse to and deviancy of such magnitude is not adopted to frustrate the claims of the employees. It should always be borne in mind that legitimate aspirations of the employees are not guillotined and a situation is not created where hopes end in despair.
Levy of Service Tax on ‘Consulting Engineering Services’ was introduced with effect from 7-7-1997 while ‘Scientific or Technical Consultancy’ was brought under Service Tax net with effect from 16-7-2001 only. The assessee was not only providing ‘Consulting Engineering Services’ but also ‘Scientific or Technical Consultancy’ i.e. Scientific Research.
Amalgamation does not come within the scope of ‘transfer’ as defined in Section 2(47) of the Act and such being the view taken not only by this court, but Madras High Court and also the Supreme Court, there is no question of holding that the assessee disentitles the benefit of Section 80-I of the Act.
The profit margin from the international transaction with the A.E. has to be seen in relation to the uncontrolled transaction with the independent parties. What is to be compared is the international transactions of the assessee with its related parties and not for its entire transaction with non-related parties also. Therefore, ALP has to be seen only with regard to international transaction with A.Es and not on the entire turnover/sales.
I am happy to inform you that a long-awaited initiative to curb the misuse of membership numbers of our members in the tax audit reports has finally been taken. The new e-filing system launched by the CBDT (Central Board of Direct Taxes) has opened a window for chartered accountants to register and upload certain specified reports required to be furnished by chartered accountants including tax audit report.
A plain reading of provisions of section 35DDA, it is clear that compliance with the conditions of rule 2BA is mandatory only to avail exemption under section 10(10C) by the employees but said rule is not relevant to deduction under section 35DDA.
