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Rules of Interpretation of Services in Service Tax

Service Tax : Despite doing away with the service-specific descriptions, there will be some descriptions where some differential treatment will ...

April 17, 2014 11380 Views 0 comment Print


Latest News


Competition (Amendment) Bill, 2009 got the Approval of parliament

Income Tax : The Parliament has passed the the Competition (Amendment) Bill, 2009 which is to replace the Competition (Amendment) Ordinance, 20...

December 17, 2009 2826 Views 0 comment Print

Government may wind up MRTP Commission before 2011

Income Tax : The government is likely to seek the Cabinet’s approval on amending the Competition Act 2002 to facilitate the winding up of the...

December 4, 2009 1974 Views 0 comment Print

Government planning to discuss M&A clauses with Competition Commission of India (CCI)

Income Tax : After a lull, the contentious provisions regarding mergers and acquisitions (M&A’s) of the amended Competition Act is back on th...

November 28, 2009 910 Views 0 comment Print


Latest Judiciary


Service Tax payable under reverse charge when reimbursable expense incurred by distributor on providing service on behalf of taxable person

Service Tax : CESTAT Chandigarh partly allowed Maruti Suzuki India Ltd.'s appeal against Service Tax demand, highlighting that tax under reverse...

May 24, 2024 348 Views 0 comment Print

Waste Exceeding SION Norms Exempt from Customs Duty if cleared with Proper Permissions & Payments

Custom Duty : CESTAT Ahmedabad held that waste and scrap, even if exceeding SION norms, are exempt from customs duty provided they are cleared w...

May 24, 2024 339 Views 0 comment Print

Interpretation of Section 66 of PMLA Act: HC dismisses PIL

Corporate Law : Court refused to entertain the PIL but granted the aggrieved parties liberty to raise the issue of interpreting Section 66 of the ...

May 17, 2024 360 Views 0 comment Print

No Service Tax on Outbound Tours Outside Indian Territory: CESTAT Delhi

Service Tax : Explore the CESTAT Delhi ruling on Weldon Tours & Travels Pvt. Ltd. vs Commissioner of Service Tax, revealing no service tax liabi...

May 9, 2024 249 Views 0 comment Print

NCLT accepts Resolution Plan of V Hotels Ltd.: Meeting IBC Code & CIRP Regulations

Corporate Law : Resolution Plan met the requirements of Section 30(2) of the Code and the Regulations 37, 38, 38(1A) and 39(4) of the CIRP Regulat...

May 9, 2024 375 Views 0 comment Print


Latest Notifications


Circular Regarding levy of service tax on‘business auxiliary service’

Service Tax : Notification No. 43/2009-Service Tax Whereas the Central Government is satisfied that a practice was generally prevalent regarding...

December 5, 2009 2277 Views 0 comment Print

Notification on Exempt Services in relation to transport of goods by rail

Service Tax : Notification No. 33/2009 - Service Tax Central Government hereby exempts the taxable service provided to any person in relation to...

September 1, 2009 1049 Views 0 comment Print

Notification No. S.O.2394-Income Tax, Dated: 14.02.1989

Income Tax : That the said Association will submit to the prescribed authority by 30th June, each year, a copy of their audited annual accounts...

February 14, 1989 975 Views 0 comment Print


Refund granted to DICGC as premium paid by bank considered as inclusive of tax

July 26, 2023 477 Views 0 comment Print

CESTAT Mumbai allowed the refund claim filed by Deposit Insurance and Credit Guarantee Corporations (DICGC) by considering premium amount paid by bank as inclusive of tax.

Service tax not leviable on income earned via buying and selling space on ships

July 24, 2023 942 Views 0 comment Print

CESTAT Delhi held that buying and selling space on ships does not amount to rendering a service and any profit or income earned through such transactions would not be leviable to service tax.

Order confirming demand under ‘Cargo Handling Service’ which was not proposed in notice is unsustainable

July 19, 2023 519 Views 0 comment Print

CESTAT Kolkata held that there was no proposal to demand service tax under ‘Cargo Handling Service’ in the Notice, however, in the impugned order the adjudicating authority classified the services under ‘Cargo Handling Service’. Hence, adjudicating authority has travelled beyond the scope of the Notice, which is legally not sustainable.

Refund of cess on Oil Industry Development Cess available as burden not passed on to buyer

July 18, 2023 1014 Views 0 comment Print

CESTAT Chennai held that refund claim of Education Cess (EC) and Secondary and Higher Education Cess (SHEC) on Oil Industry Development Cess (OID Cess) u/s 11B of the Central Excise Act, 1944 duly available as proved that burden of OID cess is not passed on to the buyer.

Service tax duly payable by sub-contractor even if main contractor discharged tax liability

July 13, 2023 507 Views 0 comment Print

CESTAT Chandigarh held that sub-contractor is liable to pay service tax on ‘Erection, Commissioning and Installation service’ even if the main contractor has discharged Service Tax liability on the activity undertaken by the sub­contractor.

Extended period not invocable in absence of suppression of facts with an intent to evade payment of service tax

July 9, 2023 2190 Views 0 comment Print

CESTAT Delhi held that extended period of limitation cannot be invoked in absence of suppression of facts with an intent to evade payment of service tax. Here, it was merely suppression of facts but intent to evade payment of service tax was absent.

Transaction of purchase/ sale of liquor by Corporation not covered under ‘Business Auxiliary Services’

July 7, 2023 438 Views 0 comment Print

CESTAT Delhi held that the transaction of purchase and sale of liquor by the Corporation will not fall within the ambit of ‘Business Auxiliary Services’ and would, therefore, not be taxable.

Transfer of Renewable Energy Certificate is capital and not taxable as business income

July 4, 2023 1455 Views 0 comment Print

ITAT Amritsar held that transfer of REC (Renewable Energy Certificate) is capital in nature and not liable to tax under business income as the income is offshoot from environmental concern not from offshoot of business concern.

Prior period demand not maintainable as ‘Information Technology Software Service’ effective from 16.05.2008

July 1, 2023 312 Views 0 comment Print

CESTAT Ahmedabad held that as ‘information technology software service’ was implemented w.e.f. 16.05.2008 the same cannot be held taxable prior to that date. Hence, demand for the period prior to 16.05.2008 is not maintainable.

Renting of immovable property for hotel is excluded from the ambit of section 65(105)(zzzz)

June 30, 2023 1263 Views 0 comment Print

CESTAT Chennai held that renting of immovable property for a hotel is expressly excluded from the ambit of the taxable service in Section 65(105)(zzzz) of the Finance Act, 1994. Accordingly, demand not sustainable.

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