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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 |

Service Tax Liability of Importer on Ocean Freight Services

The main question before the Gujarat High Court was whether the actions of the Central Government of issuing the Impugned Notifications and imposing service tax liability on the local importer/third party (who is neither the service provider nor the service receiver) in CIF Contracts amounted to ‘excessive delegation’ and would amount...

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Posted Under: Service Tax |

Madras HC: No service tax on payment received from employees for Notice Period

Hon’ble HC, Madras in the matter of GE T & D India Limited v. Deputy Commissioner of Central Excise held that service tax is not leviable on the payment received by the Petitioner in lieu of notice period paid by the outgoing employees....

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Posted Under: Service Tax |

Interest Subvention: Interest Or Service?

This paper will analyse various types of loan agreements entered that are now being entered into, and the tax liability of these loans. It will focus specifically on interest subvention and how it should be categorised for tax purposes, with more focus on the automobile industry, given the recent judgements and jurisprudence....

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Posted Under: Service Tax |

Practical Approach – Sabka Vishwas (Legacy Dispute Resolution) Scheme

Long Awaited and Vital scheme for Taxpayers……. Finally, in the Union Budget 2019-20, the Hon’ble Finance Minister announced the Sabka Vishwas-Legacy Dispute Resolution Scheme, 2019. The Scheme has now been notified and operationalized from 1st September 2019. The Scheme would continue till 31st December 2019. Government expects ...

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Posted Under: Service Tax |

Service Tax on Mining Royalty

In recent times, we have seen a spate of notices on the above subject proposing the huge demands. On the ground realities of being able to survive for some involved in this sector is itself in question. In terms of Notification No. 30/2012-ST dated 20.06.2012 read with amended Notification No. 7/2015-ST dated 01.03.2015 Central Government...

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Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019- Benefit & Eligibility

Benefits of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019: ♦ Relief from payment of tax dues to the extend of 50% to 70% of the tax dues depending on the amount of tax dues involved. ♦ Relief from payment of interest and penalty. ♦ Person discharged not be liable for prosecution. Details Amount (In Rs) […]...

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Posted Under: Service Tax |