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Notice based on difference in ST 3 vs. 26AS – All you need to know

Introduction In the recent times, it has been observed that CGST department has been issuing show-cause notices (SCN) in bulk mainly w.r.t FY 15-16 & 16-17 seeking to demand service tax on the differential amounts as determined based on the turnover/receipts disclosed in the ST 3 i.e., service tax returns and the receipts reported in ...

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CBDT condones delay in filing of Form-10 IC

Section 115BAA of Income Tax Act, 1961 was inserted by The Taxation Laws (Amendment) Act, 2019  w.e.f. April 01, 2020. By virtue of aforesaid section, the tax rate for domestic Companies has been reduced to 25.168 percent from the earlier 27.82 percent. As per subsection (5) of section 115BAA of the Act read with Rule 21AE of […...

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Posted Under: Service Tax |

How to File Self-Employment Tax in the UK?

Independent work is quite difficult, and it involves a lot of liability. You should care for your workers, handle your cash, settle your assessments, and present your government forms. Whether or not independently employed, people are needed to pay personal assessment paying little heed to their type of revenue. Nonetheless, independently...

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Posted Under: Service Tax |

Registration is not a requirement for filling Service tax refund claim

CESTAT held that registration with the department is not a prerequisite to claim Service tax refund. Further, directed that the assessee is entitled to get the refunds accordingly along with applicable interest....

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Posted Under: Service Tax |

Service tax not leviable on commercial coaching or training services

CESTAT held that the service of providing professional/ vocational training courses and providing certificates to the students, on the basis of which the students are getting jobs or are trained to work as an entrepreneur / self-employed, falls under the exclusion clause of Section 65(27) of the Finance Act, 1994....

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Posted Under: Service Tax |

CESTAT Quashed Service tax demand on movie exhibitor under BSS category

Hyderabad CESTAT held that service of providing exhibition of movies by the exhibitor to the producers/distributors of such movies is not a support or assistance activity but is an activity on its own accord, therefore does not fall under the category of Business Support Service (BSS) as per Section 73(1A) of the Finance Act, 1994 (the Fi...

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Posted Under: Service Tax |

Limitation period for granting refund not applicable to refund of Custom duty paid in excess

FCI OEN Connectors Vs Commissioner Of Central Tax & Central Excise (CESTAT Bengalore)

CESTAT held that when the customs duty is paid in excess, the department is liable to refund the same and the limitation provided under Section 27 of the Customs Act, 1962 will not be applicable....

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Extended period of limitation can be invoked only when “suppression‟ or “collusion” is wilful with an intent to evade tax

Extended period of limitation can be invoked only when ‘suppression’ or ‘collusion’ is wilful with an intent to evade tax In M/s. SOTC Travels Services Pvt Ltd. v. Principal Commissioner of Central Excise, Delhi-I [SERVICE TAX APPEAL No. 50046 of 2016 dated September 20, 2021] the current appeal has been filed chal...

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Posted Under: Service Tax |

Demand of service tax on foreign remittance quashed by CESTAT

The issue relate to demand of service tax on remittance towards services on which service tax was payable as per the Import Rules and has been paid by the Appellant but it has not been accepted by the Department....

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Posted Under: Service Tax |

State of West Bengal & Ors. vs. Calcutta Club Limited (SC)

State of West Bengal v. Calcutta Club was nothing but more than a milestone judgment achieved by the GST council. For interpreting this case we have used several tools like referring to the Golden rule, literal rule, internal & external aids of construction like referring the Preamble of the constitution, definitions, reading of the code...

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Posted Under: Service Tax |