Aditya - Nischal
Swachh Bharat Cess – Ready Reckoner
Service Tax - Will SBC be leviable on exempted services and services in the negative list The Central Government vide notification No 22/2015-ST dated 6th November 2015, has notifiedthat SBC shall be applicable on all taxable services except services which are either fully exempt from service tax under any notification issued under section 93(1) of the...
Read MoreLiability to pay interest on issue of supplementary invoice owing price variation
Service Tax - The respondent was engaged in manufacture of cables and it entered into a contract with customer for supply of such cables & incorporated price variation clause in the agreement entered between them. The respondent paid duty provisionally at the time of removal of goods from the factory ...
Read MoreDoes Mistake of fact governed by time limit prescribed U/s. 11B of Central Excise Act, 1944?
Service Tax - Reliance in this regard can be placed on the judicial pronouncement of Hon’ble Kerala High Court in case of GEOJIT BNP PARIBAS FINANCIAL SERVICES LTD [WP(C) No.18126 of 2015 (M)] wherein the assesse is a company inter alia engaged in providing retail financial services....
Read MoreManual Scrutiny of Service Tax Returns vis-à-vis ITR Form 4/5/6 and 26AS w.e.f. 01.08.2015
Service Tax - With the introduction of POT Rules, 2011 and advent of Negative list based comprehensive taxation of services in 2012, Service Tax Wing, CBEC unveiled the revised procedures for scrutiny of returns that must be followed by the Revenue with effect from 1st August, 2015 vide Circular No. 185/4/2015-ST,Dated: July 07, 2015....
Read MoreApplicability of ‘Res Judicata’ on Taxation?
Service Tax - Res judicata has been defined under Section 11 of The Code of Civil Procedure, 1908, wherein it is stated that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of the...
Read MoreNo Service Tax on Under Construction Flats if price includes land value
Suresh Kumar Bansal Vs UOI (Delhi High Court) - Reliance in this connection can be placed on the decision of Hon’ble Delhi High Court in case of Suresh Kumar Bansal vs UOI [W.P.(C) 2235/2011] wherein levy of Service Tax on the value of flats sold during construction stage has been held unconstitutional, if such value includes the value of Land....
Read MoreWhether assessee is entitled to avail Input Tax Credit on purchase of DEPB Scrips?
Jagriti Plastics Limited Vs Commissioner of Trade & Taxes (Delhi High Court) - Jagriti Plastics Limited vs Commissioner of Trade & Taxes (Delhi HIgh Court),- Hon’ble Court noted that the price of the goods sold by the appellant included the component of customs duty paid at the time of their import and such component is reduced to the extent of usage of DEPB scrips by the co...
Read MoreExcisability of Fly Ash generated during manufacturing
M/s Mettur Thermal Power Station Vs CCE (Madras High Court) - The petitioner was engaged in the generation of electricity by burning coal resulting in production of Fly Ash as by-product which has commercial value in the market and thus it can be said that Fly Ash is marketable. ...
Read MoreWhether the provisions limiting the period of condonation for delay in filing appeal ultra vires?
Heritage Auto (P.) Ltd.Vs. Union of India and others (Punjab & Haryana High Court)p - We are unable to discern any legal flaw in the proviso to Section 85(3) of the Act, that would enable us to hold that the proviso impedes the rights of the petitioner to file an appeal or is in any manner in excess of legislature power or should be read down....
Read MoreDoes Tribunal have power to grant stay beyond period of 365 days prescribed in Act?
Pepsi Foods Pvt. Ltd Vs ACIT (Delhi High Court) - Reliance in this regard can be placed on the decision of Hon’ble Delhi High Court in case of Pepsi Foods Private Limited vs. ACIT [W.P.(C) 1334/2015] pronounced on 19-05-2015 wherein the petitioner has challenged the constitutional validity of Section 254(2A) of the Income Tax Act, 1961 (here-in-a...
Read MoreRecent Posts in "Aditya - Nischal"
No Service Tax on Under Construction Flats if price includes land value
Suresh Kumar Bansal Vs UOI (Delhi High Court) -
Swachh Bharat Cess – Ready Reckoner
Liability to pay interest on issue of supplementary invoice owing price variation
(12/06/2015) -
Whether assessee is entitled to avail Input Tax Credit on purchase of DEPB Scrips?
Jagriti Plastics Limited Vs Commissioner of Trade & Taxes (Delhi High Court) -
Excisability of Fly Ash generated during manufacturing
M/s Mettur Thermal Power Station Vs CCE (Madras High Court) -
Does Mistake of fact governed by time limit prescribed U/s. 11B of Central Excise Act, 1944?
Manual Scrutiny of Service Tax Returns vis-à-vis ITR Form 4/5/6 and 26AS w.e.f. 01.08.2015
Applicability of ‘Res Judicata’ on Taxation?
Dismissal of SLP by Hon’ble Supreme Court in case of Vector Shipping Explained
A brief note on Export Promotion Capital Goods Scheme [EPCG Scheme]
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