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Advocate Santosh Kumar

Latest Articles


Provision of Services and Krishi Kalyan Cess

Service Tax : Krishi Kalyan Cess (herein after referred to as KKC) is a cess on taxable services, at the rate of 0.5% of the value of such taxab...

June 5, 2016 13840 Views 2 comments Print

Tax on Services Provided By Government Under Negative List

Service Tax : Wef 1st April 2016 any services, other than services covered under clauses (i) to (iii) of Section 66D provided by Government or l...

May 16, 2016 8869 Views 0 comment Print

Single Abatement Rate for Complex Construction Services wef 01.04.2016

Service Tax : Vide Notification No. 8/2016-ST dated 1st March, 2016 the percentage of abatement with regard to the value for calculation of amou...

April 3, 2016 165751 Views 1 comment Print

Rationalization of Abatement Regarding Construction w.e.f. 1st March, 2013

Service Tax : Homes and flats with a carpet area of 2,000 sq.ft. or more or of a value of Rs. 1 crore or more are high-end constructions where t...

March 4, 2013 1811 Views 0 comment Print

E-version of Service tax Return to be available by 1st week of March, 13

Service Tax : The revised Form ST-3 is expected to be available on ACES by the first week of March. However in the event of any delay, the last ...

March 2, 2013 2034 Views 0 comment Print


Latest Judiciary


Delhi HC Judgment on Construction of Complex Service- A Review

Service Tax : Thus, while the legislative competence of the Parliament to tax the element of service involved cannot be disputed but the levy it...

June 3, 2016 16195 Views 3 comments Print


Latest Posts in Advocate Santosh Kumar

Provision of Services and Krishi Kalyan Cess

June 5, 2016 13840 Views 2 comments Print

Krishi Kalyan Cess (herein after referred to as KKC) is a cess on taxable services, at the rate of 0.5% of the value of such taxable services. The cess is in addition to any cess or service tax leviable on such taxable services under Chapter V of the Finance Act, 1994 or under any other law for the time being in force.

Delhi HC Judgment on Construction of Complex Service- A Review

June 3, 2016 16195 Views 3 comments Print

Thus, while the legislative competence of the Parliament to tax the element of service involved cannot be disputed but the levy itself would fail, if it does not provide for a mechanism to ascertain the value of the services componentwhich is the subject of the levy.[Para 37]

Tax on Services Provided By Government Under Negative List

May 16, 2016 8869 Views 0 comment Print

Wef 1st April 2016 any services, other than services covered under clauses (i) to (iii) of Section 66D provided by Government or local authority to business entities will be taxable and Service Receiver (Business Entities) are liable to pay service tax under reverse charge mechanism,except the services that are specifically exempted.

Single Abatement Rate for Complex Construction Services wef 01.04.2016

April 3, 2016 165751 Views 1 comment Print

Vide Notification No. 8/2016-ST dated 1st March, 2016 the percentage of abatement with regard to the value for calculation of amount of service tax on all type of construction of a complex, building, civil structure etc. have been fixed @ 70% wef 1st April, 2016.

Rationalization of Abatement Regarding Construction w.e.f. 1st March, 2013

March 4, 2013 1811 Views 0 comment Print

Homes and flats with a carpet area of 2,000 sq.ft. or more or of a value of Rs. 1 crore or more are high-end constructions where the component of ‘service’ is greater. Hence, I propose to reduce the rate of abatement for this class of buildings from 75 percent to 70 percent. Existing exemptions from service tax for low cost housing and single residential units will continue

E-version of Service tax Return to be available by 1st week of March, 13

March 2, 2013 2034 Views 0 comment Print

The revised Form ST-3 is expected to be available on ACES by the first week of March. However in the event of any delay, the last date will be suitably extended and adequate time given so that no inconvenience is caused to the assessees.

Service tax provisions in case of Raising of Lumpsum Rent & ST Bill

January 16, 2013 3349 Views 0 comment Print

We are a practicing CA firm. We are operating from one rented premises, which belongs to Wife of one of the partner? The Partner’s wife recently raised the bill for rent of 9 months i.e. from 1st April 2012 to 31st December 2012 as one bill on 31.12.2012. No Payment towards the rent been made till 31st December 2012. Now the firm wants to take the credit of Service tax on Rent against its service tax liability for the quarter ending on 31.12.2012. Please suggest.

Adjustment of Excess Service Tax paid In Case Of Non-Deduction of Property Tax from Rental Income

November 22, 2012 7871 Views 3 comments Print

For those assesses who are liable to pay service tax on their income from renting on immovable property, the Central Government vide Notification No. 29/2012-ST, dated 20th June, 2012 and w.e.f. 1st day of July, 2012 has exempted the taxable service of renting of an immovable property, from so much of the service tax leviable thereon under section 66B of the said Finance Act, as is in excess of the service tax calculated on a value which is equivalent to the gross amount charged for renting of such immovable property less taxes on such property, namely property tax levied and collected by local bodies:

Pay Service Tax with interest on Renting of Immovable Property by 27.11.2012 to avoid penalty

November 20, 2012 3716 Views 0 comment Print

If you have put your immovable property on rent for use in furtherance of business or commerce and annual rent amount, alone or with the amount of other taxable services, exceeds Rs. 10 lacs and further, you have any service tax amount related to such renting due since 1st June, 2007, you have an opportunity to pay such due with interest before 27th November, 2012 and department would not ask for penalty.

Exclusion of ‘Input Service’ Under Definition of ‘Input Service’ under Rule 2(l) (C) of CENVAT Credit Rules, 2004

November 19, 2012 8251 Views 0 comment Print

With the ultimate aim of maximising service tax revenue collection, the government tried to minimise the opportunity of taking CENVAT Credit and for this noble cause, definition of ‘Input Service’ in CENVAT Credit Rules, 2004 (all rules mentioned herebelow refers to rules of CENVAT Credit Rules, 2004) was amended vide Notification No. 3/2011-CE(NT) and after this amendment the some exclusion were made vide Rule 2(l) (C).

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