Service Tax - Page 10

In absence of online database access no Service Tax under the head OIDAR Services

M/s Ipca Laboratories Ltd. Vs Commissioner of CE & ST (CESTAT Mumbai)

It has been argued that they are using service of M/s Dialogue Corporation, USA for the purpose of data storage. It has been argued that the said service provider does not provide online services and there is no online service provider. In absence of online database access, no Service Tax can be demanded under the head of Online Database ...

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No service tax on services provided as secondary service providers for shipping lines

M/s. Indo Lloyd Freight Systems Pvt. Ltd. Vs Commissioner of Service Tax (CESTAT Chennai)

M/s. Indo Lloyd Freight Systems Pvt. Ltd. Vs Commissioner of Service Tax (CESTAT Chennai) As regards Brokerage commission of paid for booking of the export cargo, it is seen that the agents of shipping lines normally book the export cargo. The appellants actually get brokerage or commission for getting orders for the export of cargo. [&he...

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Tribunal cannot modify Limitation laid down in Statute or Notification for Claiming Refund

M/s MMTC Limited Vs Commissioner of Central Excise (CESTAT Hyderabad)

The appellant is registered with Service Tax Department for rendering Business Auxiliary Services. They filed a refund claim of service tax paid on various services provided by their service providers for export of Indian milling wheat during the months of October, 2012 to December, 2012 in terms of Notification No. 41/2012- ST dated 29....

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Hospital Construction for Charitable Trust is not a Commercial or Industrial Construction

Shapoorji Pallonji & Company Ltd Vs Commissioner of Central Excise & Service Tax (CESTAT Mumbai)

Shri S.S. Gupta, Learned Chartered Accountant, appeared on behalf of the appellant submits that the construction of hospital building does not fall under the ‘commercial or industrial construction service’ for the reason that the hospital building is not used for commerce or industry as the hospital in the present case is run by a cha...

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“Deeming”– ‘A Legal Fiction’- Service Tax – A Case Study- Part II

V Swaminathan B.Sc., B.L., FCA PROLOGUE This is intended to serve the purpose of a Supplement to the earlier write-up displayed @ https://taxguru.in/service-tax/deeming-a-legal-fiction-service-tax-a-case-study.html And, therefore, needs to be read and understood accordingly, for an appreciation of the thoughts and viewpoints shared, in pr...

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Posted Under: Service Tax |

Applicability of Place of Provision Rules to software development & services

Circular No. 209/1/2018-Service Tax (04/05/2018)

Applicability of the Place of Provision of Services Rules, 2012 (POPS) to development of software and services on software- place of provision has to be determined in case of development, design, programming, customisation, adaptation, upgradation, enhancement, implementation of information technology software....

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“Deeming” – ‘A Legal Fiction’ !- Service Tax – A Case Study

The point (s) of dispute pertains to levy of ‘service tax’ in respect of a transaction of sale and purchase of Flat in a building complex (in brief, ST). That is a special kind of property, being unit of a building, having peculiar and distinct characteristics; ...

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Posted Under: Service Tax |

Cleaning of railway coaches cannot be considered as cleaning of commercial premises

M/s R.K. Refreshment & Enterprises (P) Ltd Vs. CCE (CESTAT Delhi)

The coaches are rolling stock of railways. They are for transport mode and cannot fall under the commercial object of industrial building, factory, plant or machinery, etc. The interpretation of the original authority is far fetched and not sustainable in view of the plain meaning of the statutory definition for tax entry....

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No Service Tax on Sale of Prospectus not as its not a Part of Commercial Training or Coaching Services

True Education Institute Pvt. Ltd. Vs. Commissioner of Service Tax, (CESTAT Mumbai)

Prospectus is only for the purpose of screening of students by way of Admission Screening Examination and is not a part of the services. The student only by filling of prospectus does not become entitled to get coaching from the Appellant. ...

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No Service Tax on Sale of Books and Materials to Franchise

M/s Jet king Info train Ltd Vs. CC Delhi-I (CESTAT Delhi)

Notification No. 12/2003 provides for exemption of Service Tax for so much of the value of all taxable services, as it is equal to the value of goods and materials sold by the service provider to the recipient of service from the Service Tax leviable therein under Section 66 of the Act, subject to the condition that there is documentary p...

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Latest Service Tax News India

Service tax in India is the tax which is collected by the government from service providers for providing services. The person liable to pay service tax could be a service provider or the recipient of service or any person responsible for providing services. Generally, the service tax is required to be paid on all the services except for those provided in the negative list. All the service providers together with the union and state government providers and private sector service providers too are liable for paying service tax. Services Tax Act and Service Tax Rules together with the Finance Act, 2016 has provided an increase in service tax from 12.36% to 14%. This revised service tax rate would comprise of Education Cess and Secondary and Higher Education Cess.

At Taxguru, we provide all the latest service tax notifications and service tax circulars. We bring you all the recent developments and updates to the Service Tax Act and the Service Tax Rules. From a change in the service tax rates to any change in the format service tax challan or any other service tax notification, we provide a comprehensive and detailed approach to service tax in India. You can view and download all the service tax circulars free of cost. We keep on updating our portal regularly so that we keep you posted on all the recent service tax notifications and updates.

With our group of service tax experts, we provide a cohesive and complete analysis of the service tax related matters. We post regular blogs and articles on all the trending service tax related issues. At Taxguru, we try to solve all your service tax related queries. Ensure to bookmark us to keep a track of all the service tax updates.