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Validity of Service Tax Notices Based on Form 26AS

1. Recently (mainly December 2020) spate of show-cause notices (SCN) have been issued seeking to demand the service tax on the differential amounts as determined based on the values reported in the service tax returns (nil if not filed) and the values reported in Form 26AS filed under the Income Tax Act reflecting the TDS […]...

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Penalty, Forfeiture of deposit & Liquidated damages not liable to Service Tax

CESTAT, New Delhi set aside the order holding that the amount received towards penalty, earnest money deposit forfeiture and liquidated damages would be tantamount to a consideration, for which service tax would be levied, passed by the Commissioner and held that, it is not possible to sustain the view taken by the Commissioner....

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Posted Under: Service Tax |

Service Tax Audit Under GST Regime – Matter of litigation

Overview Service Tax Audit (Department refers it as internal audit as per service tax audit manual) is conducted by Office of the Commissioner of Central Goods & Service Tax – Audit according to the provisions of rule 5A of Service Tax Rules, 1994 and follow Service Tax Audit Manual to process the service tax audit […]...

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Posted Under: Service Tax |

Recent Service Tax Show Cause Notices – Validity Thereof

The Service tax authorities have recently issued a spate of SCNs for the FY 2015-16 to June 2017. Most of these notices are worded same and seems to be a template issued by someone from the ministry. The said SCN are purportedly issued under section 73(1) of the Finance Act 1994 alleging “wilful attempt to […]...

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Shock Causing Notices (SCN’s) of Service tax by GST department

Central GST department has been issuing Show Cause Notices (SCN’s) for differences in receipts as per Service tax returns & Income tax returns for different FY’s- 14-15, 15-16 and so on. It seems Crores of rupees tax notices have been issued to taxpayers without proper evaluation, and even fulfilling the required law mandates. This is...

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Posted Under: Service Tax |

Service Tax liability of Demerged Undertakings cannot be fastened on assessee upon merger

Jayaswal Neco Industries Ltd. Vs Commissioner of Customs (CESTAT Delhi)

CESTAT Delhi held that, the assessee could not be held to be liable for discharging service tax liability of the Demerged Undertakings as it the service recipient and not service provider therefore, the confirmation of demand by the Commissioner is bad in law....

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Delhi High Court: Upheld the power to conduct Service Tax Audit post GST regime

Section 174(2)(e) of the Central Goods and Services Tax Act, 2017 (CGST Act), specifically empowers the authorities to institute any investigation, inquiry, verification, assessment proceedings, adjudication, etc. including service tax audit under Rule 5A of the Service Tax Rules, 1994 (Service Tax Rules), as said Rule framed under the re...

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Who is Service Recipient – Exporter’s Bank or Exporter himself

Service tax was first introduced in India in 1994 and was only levied on 3 services. Gradually, this net kept on widening and more and more services were added to the list of taxable services. In 2012, India moved from charging Service tax on specified services i.e. positive list regime to all services except for […]...

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Posted Under: Service Tax |

Gujarat HC: Services by subsidiary to its foreign holding company qualifies as exports

In a recent judgment passed by Gujarat High court in case of Engineering India Private Limited wherein the Hon’ble Gujarat High court held that Service provided by Indian subsidiary to it 100% holding company  abroad is export. Summary : Case law  : Linde Engineering India Private Limited Other vs. Union of India [R/Special Civil Appl...

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Posted Under: Service Tax |

Indian Subsidiary Company providing Services to Foreign Parent Company is Export of Services

Indian Subsidiary Company providing Consulting Engineer Services to Foreign Parent Company is Export of Services and the Show Cause Notice (SCN) issued beyond jurisdiction as it was mis-interpreted by the proper officer that Indian Subsidiary Company and Parent Company outside India are merely establishment of distinct persons....

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Posted Under: Service Tax |