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Advocate Rishi Chanan

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SERVICE TAX – Class Legislation vis-à-vis construction of Educational Societies registered U/s. 12AA of Income Tax Act

Service Tax : The service tax is leviable on construction of a Public/charitable Educational Society registered under Societies Registration Act...

August 6, 2015 2597 Views 0 comment Print

Mobile Insurance and Anti-Theft “Mobile App” – VAT or Service Tax

Service Tax : Now the day’s companies have started providing smartness and security to smart phones by providing/selling insurance and anti th...

April 2, 2015 2789 Views 1 comment Print

Restaurant Services: Punjab And Haryana High Court Issues Notices To Centre And State

Service Tax : On 16.10.2014 Hon’ble Punjab and Haryana High court issued notice of motion to the Centre and State Governments to appear on 05....

October 27, 2014 3237 Views 0 comment Print

Service Tax – Relevance of General Clauses Act Vis. A. Vis British Calendar

Service Tax : In the very recent decision vide 2014-TIOL-1635-CESTAT-MUM in the case The Ahmednagar Merchants Co-Op Bank Ltd vs. CCE the Hon’b...

September 2, 2014 2772 Views 0 comment Print

Service Tax – Finance Act, 2014 makes Advertisements Costly

Service Tax : The Finance Bill, 2014 received assent from Hon’ble President on 6th of August 2014. The main impact of this budget leads to mak...

August 18, 2014 5216 Views 0 comment Print


Latest Judiciary


Place of Removal: In Case Of Tariff Value U/s. 3 & Valuation U/s. 4(A)

Excise Duty : The Central Excise Act, 1944 provides levy of excise duty by different methods. In a recent judgment of Hon’ble Chhattisgarh Hig...

August 5, 2014 2230 Views 0 comment Print


Latest Posts in Advocate Rishi Chanan

SERVICE TAX – Class Legislation vis-à-vis construction of Educational Societies registered U/s. 12AA of Income Tax Act

August 6, 2015 2597 Views 0 comment Print

The service tax is leviable on construction of a Public/charitable Educational Society registered under Societies Registration Act (XXI of 1860) where the main object is to provide education to the general public, at large and status of charitable institution under Section 12AA of Income tax Act, 1961 has been granted. –           A letter F. No. […]

Mobile Insurance and Anti-Theft “Mobile App” – VAT or Service Tax

April 2, 2015 2789 Views 1 comment Print

Now the day’s companies have started providing smartness and security to smart phones by providing/selling insurance and anti theft application on mobile through software (mobile app) operated by them and other allied services to the consumers through their distributors and retailers. Now the following questions arise: Whether the companies are liable for service tax or […]

Restaurant Services: Punjab And Haryana High Court Issues Notices To Centre And State

October 27, 2014 3237 Views 0 comment Print

On 16.10.2014 Hon’ble Punjab and Haryana High court issued notice of motion to the Centre and State Governments to appear on 05.12.2014 in the case of M/s Ramneek Beer Bar & Restaurant vs. Union of India and others (CWP No. 21365 of 2014). The case was heard by Bench Comprising of Honourable Judges Mr. Rajiv […]

Service Tax – Relevance of General Clauses Act Vis. A. Vis British Calendar

September 2, 2014 2772 Views 0 comment Print

In the very recent decision vide 2014-TIOL-1635-CESTAT-MUM in the case The Ahmednagar Merchants Co-Op Bank Ltd vs. CCE the Hon’ble CESTAT, Mumbai has interpreted the relevance of definition of British Calender Month as per The General Clauses Act under service tax law. The brief facts of the case were as follows: Facts:“The lower appellate authority […]

Service Tax – Finance Act, 2014 makes Advertisements Costly

August 18, 2014 5216 Views 0 comment Print

The Finance Bill, 2014 received assent from Hon’ble President on 6th of August 2014. The main impact of this budget leads to make the advertisements costly. As per Section 66D(g) selling of space for advertisements in print media is only falls under Negative List. The definition of “print media”as per Section 65B(39a) states as follows:

4% ACD/SAD Refund Procedures under Notification No. 102/2007 Custom

August 15, 2014 156121 Views 91 comments Print

THE Customs Notification 102/2007 dated 14.9.07 providing for exemption of 4% Special Additional Customs Duty leviable in terms of Section 3(5) of Customs Tariff Act 1975 in respect of goods imported for sales as such, by the importers to others was purportedly issued to provide a level playing field to traders vis-à-vis manufacturers who do not […]

Place of Removal: In Case Of Tariff Value U/s. 3 & Valuation U/s. 4(A)

August 5, 2014 2230 Views 0 comment Print

The Central Excise Act, 1944 provides levy of excise duty by different methods. In a recent judgment of Hon’ble Chhattisgarh High Court in the case of Ultratech Cement Ltd. vs. CCE 2014 (35) STR 641 (Chhattisgarh) the Hon’ble Court held that place of removal is to be decided on facts and circumstances of each case.

MIS- “Place of Removal” in Notification No. 41/2012-ST

January 26, 2014 7620 Views 0 comment Print

The divisions falling under Central Excise Commissionerate, Ludhiana (Punjab) has started issuing show cause notices to the exporters who are claiming refund claim under Para 3 of Notification No. 41/2012 ST dated 29.06.2012 in respect of services utilized used in the export of excisable goods. The said notification provides refund of service tax paid on specified services used in exports of goods beyond place of removal.

Central Excise – (SSI Exemption Vs. Capital Goods)

January 15, 2014 9150 Views 0 comment Print

Every manufacturer while crossing the threshold limit of SSI Exemption of Rs. 1.5 Crores home sales under Central Excise Law, suddenly start thinking about cenvat credit to be taken on capital goods purchased in current year or in last years.

CBEC Wake Up: Examined The Need To Review Rule 8(3A) of CER, 2002

January 5, 2014 5042 Views 1 comment Print

Rule 8(3A) of Central Excise Rules, 2002 stipulats that if an assessee defaults in payment of duty beyond thirty days from due date, the assessee shall not eligible to utilize cenvat credit for payment of duty and have to pay the duty consignment wise.

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