Service Tax, Service Tax Law, Service Taxes

Wednesday | 19 June 2013

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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
Cenvat credit can be used for paying service tax under reverse charge
Amount recoverable in a business transaction can’t be compared with loan or advance for sec. 2(22)(e)
CUP Method is most reliable when uniform transactions with unrelated parties are available for comparison
Silence of assessee before AO over jurisdictional issues bars him from raising the same issues before ITAT
Writing off shares and FD deposited in lieu of a bank guarantee, allowed on liquidation of guarantor bank
Input services used exclusively for manufacture of exempted goods are not eligible for credit
Winding up petition admitted as respondent co. didn’t take notice of appearance before court on serious note
Re-assessment notice can’t be issued in respect of fringe benefits escaping assessment
ITAT disallows sec. 54F exemption to the extent sum invested in construction before transfer of original asset
Info gathered by TPO under sec. 133 must be provided to assessee for verification, says ITAT
Sunset clause doesn't need a road map to end tax exemption; Parliament has legislative powers to withdraw it
Agents assisting non-resident principal in sale of products in India couldn’t be deemed as its agency PE
US Court upholds IRS summon issued to US bank to assist Mexican tax investigation agency

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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;...

Input services used exclusively for manufacture of exempted goods are not eligible for credit

18-06-2013

ST : Input services used exclusively for manufacture of exempted goods are not eligible for credit, even if such goods are used by another unit of...

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

17-06-2013

ST : When demand was confirmed under a head different than that proposed in show-cause notice, adjudication order was liable to be set aside

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

‘Work contracts’ under VAT to be treated as same under service tax as well

Matter involving quantum of payment under rule 6 of CCR isn’t appealable before HC

Mere audit advice won’t prove suppression to invoke extended period of limitation

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

17-06-2013

ST : Section 93 of the Finance Act, 1994 - Exemptions - Exemption to Services Provided to Exporters against Debit to FMS Duty Credit Scrip - Export...

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

17-06-2013

ST : A service provider cannot pay service tax or VAT at his option; tax is to be paid as per law applicable and tax due under service tax cannot be...