Service Tax, Service Tax Law, Service Taxes

Wednesday | 19 June 2013

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ITAT confirms TP adjustments for AMP expenditure; denies de-classification of an exp. belonging to AMP category
Registration isn't a prerequisite for availment of Cenvat credit
No penalty on declaring additional income in revised return filed before recording statement under sec. 131
Rent paid for leasehold premises for storage of manufactured goods is eligible for Input service credit
Stay on recovery would continue if pendency of appeal isn't due fault of assessee
Profit accruing to a non-resident from sale of depreciable asset isn’t taxable if block continues to exist
Order to transfer the cases quashed when relevant materials weren’t made available to assessee to object to it
Refund of ST paid on services used by SEZ not to be denied merely due to minor flaws in invoices
Director can't seek revival of company prompted by higher price of real estate market for its leasehold land
Right to collect toll is an intangible asset within the purview of sec. 32(1)(ii) and eligible for depreciation
Case remanded as assessee didn’t produces the requisite material for claiming sec. 10B relief
Successor gets deduction for provision for bad debts acquired in amalgamation but subsequently written off
Indian co. obliged to withhold tax from sum paid to NR and can't evade it even if it's routed through holding co.
ALP to be computed on value of international transactions and not on entire turnover
Revisionary power couldn’t be exercised on mere allegation of deficient enquiry by AO if his order wasn’t erroneous
Cenvat credit available even if challan and invoices were in name of head office
Reasons accepted by CBDT for condoning delaying in filing of return would extend even to revised return

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Registration isn't a prerequisite for availment of Cenvat credit

19-06-2013

ST : Credit cannot be denied on ground that assessee was not registered during relevant time

Refund of ST paid on services used by SEZ not to be denied merely due to minor flaws in invoices

19-06-2013

ST : Where there is no dispute as to receipt and consumption of services in SEZ unit and service providers have clearly indicated nature of services...

Cenvat credit can be used for paying service tax under reverse charge

18-06-2013

ST : Assessee is entitled to utilize Cenvat credit for paying service tax payable under reverse charge on goods transport agency's services

Services provided to exporters against FMS Scrips - Exemption to apply exporter-wise

Adjudication can't be made beyond the scope of show cause notice

Payment of VAT doesn’t absolve liability to pay service tax

Cleaning of hospital building isn’t liable to service tax under ‘cleaning services’

Managing affairs of organization isn’t covered under ‘Management Consultancy Service’

Cenvat credit not allowable on goods not forming part of value of services

Matter to be litigated if aggregate of redemption fine and penalty taken together exceed the minimum tax effect

Rent paid for leasehold premises for storage of manufactured goods is eligible for Input service credit

19-06-2013

ST : Service tax paid on rent of premises used for storage of manufactured goods is eligible for input service credit.

Cenvat credit available even if challan and invoices were in name of head office

18-06-2013

ST : Procedural lapses and absence of all particulars are rectifiable errors, hence, credit was to be allowed subject to rectification by assessee;...