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Service Tax/GST on Electricity Supply- an Analysis in the backdrop of recent ruling of Calcutta HC

Analysis of recent Hon’ble High Court of Calcutta judgment in the case of Srijan Realty (P) Ltd v. Commissioner of Service Tax[1]. The ruling is given under Finance Act, 1994 (Service Tax law) and has raised a lot of eyebrows considering the fact that the ruling has vide implications under the GST law as well. […]...

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Commercial Training and Coaching: Meaning & Taxability

Can Higher Education Courses be equated to ‘training and coaching’ in tax parlance? Taxing education sector has always been a tricky issue. For the first time in 2003, under Service Tax regime, service tax was imposed on ‘commercial training and coaching’ service. The term which was used in charging provision of ta...

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Service Tax Audit! Audit Me! Audit Me Not!

Service Tax is dead but still the undying ghost of Service Tax Audit approaching the pillars and posts of the assessee, department and the professionals. The department is trying its best to salvage their ground and right of an audit till June 2017 setting aside the numerous judgements against their moves. The department still making [&he...

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Industrial Canteen Contractors -Service Tax Ruling & its Applicability

1. Whether the industrial canteen contractors were entitled to claim the exemption from service tax under the earlier regime has been a vexed issue. 2. Entry No.19A of the mega exemption Notification No. 25/2012-ST as inserted by Notification No. 14/2013-ST, dated 22-10-2013reads as under:...

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Intellectual Property Rights and Service Tax

The ingredients to levy service tax on an Intellectual Property Service are two fold. Firstly, there must be a service provided to any person, by any other person. Secondly, the service should be provided to the recipient by granting him the right to use or exploit any Intellectual Property service....

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Logic of Illegality- Case Analysis: Commissioner of Service Tax v. Bhayana Builders

The question before the Court was whether the value of goods and materials supplied free of cost by the service recipient was to be included in the computation of gross amount charged for the valuation of taxable service?...

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Service Tax Interest Calculator with examples

Interest calculator for delay in payment of service tax is attached which can calculate interest in one shot for different period. Interest is levied on the assessee when he delays the payment of service tax which is due and payable. The rate of interest u/s 75 of Finance Act 1994 has undergone a lot of changes since 01.07.1994.The summar...

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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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“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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Pre- Budget Memorandum 2018- Indirect Taxes

Service Tax 1. Transition provision for tax paid on receipt basis Rule 6 of Service Tax Rules, 1994 provides that in case of such individuals, partnership firms and one-person companies whose aggregate value of taxable services provided from one or more premises is Rs. 50 lakhs or less in the previous financial year, the service […...

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