Filter Posts

Reset
Found 1340 Results

Refund cannot be rejected on flimsy grounds

Nupur Viniyog Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata)

Nupur Viniyog Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) M/s. Nupur Viniyog Private Limited (Appellant) filed refund of Service Tax paid on the taxable specified services for export of goods made under Bills of Export. Order-in-Original (OIO)- Sanctioned refund. Being aggrieved, Department filed appeal before Commis...

Read More
Posted Under: Service Tax |

Department cannot freeze Bank account of assessee if Appeal has been filed with mandatory pre deposit

When Appeal is filed with pre deposit, then the department cannot initiate recovery proceedings and cannot attach bank account of the assessee in view of Circular No 984/08/2014-CX dated 16th September, 2014...

Read More
Posted Under: Service Tax |

CESTAT Bangalore confirms service tax demand on VCF trust

M/s. ICICI Econet Internet and Technology Fund Vs. Commissioner Of Central Tax (CESTAT Bangalore)

M/s. ICICI Econet Internet and Technology Fund Vs. Commissioner of Central Tax (CESTAT Bangalore) Any start-up needs huge financial support and presently this is being done by alternative investment funds (AIFs) or venture capital fund (VCFs). These funds are pooled investment vehicles with a certain set of contributors. In India, these f...

Read More

No service tax can be levied on food served as ‘take away’ or ‘parcels’

Madras High Court held that provision of food and drink to be taken-away in parcels by restaurant tantamount to the sale of food and drink and thus, shall not attract service tax under the Finance Act....

Read More
Posted Under: Service Tax |

Tax Implications on Forex Transactions – TCS on Remittances outside India

Forex Transactions refer to transferring funds from one country to another. There could be various personal as well as business-related reasons due to which funds are required to be remitted abroad. But have you ever wondered what the tax implications on Forex transactions are? What is the mechanism for paying tax on Forex transactions? H...

Read More
Posted Under: Service Tax |

“No Intention No Tax Evasion”

Nowadays it has become a common practice for tax regulating authorities or anti-evasion department to charge every assesse with “evasion of tax by way of willful suppression of facts” without properly assessing the books of accounts or any investigation at the time of findings of any short payment of tax. And here the question arises ...

Read More
Posted Under: Service Tax |

ITR for FY 2019-20 Can Now Be Filed Till 31st May 2021

Extended Deadline for Tax Compliance Is a Huge Relief for the Taxpayers, ITR for FY 2019-20 Can Now Be Filed Till 31 May Amid a surge in Covid-19 cases and a nationwide lockdown, the government on Saturday has announced to extend the timelines for various income tax compliance to 31 May, including late return filing […]...

Read More
Posted Under: Service Tax |

There is No Provision of Service Between Partners & Partnership Firm

Cadila Healthcare Limited Vs C.S.T.-Service Tax (CESTAT Ahmedabad)

• In a partnership firm, partner‘s capital can be in the form of cash/asset. It can also be in the form of contribution of skill and labour alone without contribution in cash. The appellant is a partner performing some duties for which he has an expertise, skill in the marketing and distribution of the goods manufactured by partnershi...

Read More

Bombay HC stayed demand notice seeking Service Tax from Advocate

The Hon’ble Bombay High Court in Sanjiv Madhusudan Shah v. Assistant Commissioner of Central and Service Tax and ors. [Writ Petition (L) No. 646 of 2021 dated January 12, 2021] has stayed a demand notice issued, seeking to levy service tax upon an Advocate. Facts:- Sanjiv Madhusudan Shah (“the Petitioner”), who is an Advocate by [&h...

Read More
Posted Under: Service Tax |

CAG have no jurisdiction to audit the accounts of a non-government entity

The Hon’ble Bombay High Court in Kiran Gems Private Limited v. Union of India and Ors. [Writ Petition No. 1135 of 2019, decided on January 29, 2021] quashed the notice/intimation demanding audit of a private entity by Central Excise Revenue Audit (CERA) and requiring information/records for the period 2015-16 to 2017-18 to the officers ...

Read More
Posted Under: Service Tax |