Service Tax, Service Tax Law, Service Taxes

Monday | 20 May 2013

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HC confirms sec. 69 additions for undisclosed income unearthed as FDRs in name of employees
A trust can’t be penalized for being profit oriented; surplus in one year not a ground for its denial of registration
Refund of ST paid under protest can be claimed within one year from the date of settlement of dispute
Tolerable variation between ALP and actual price allowable even if one price is determined by Most Appropriate Method
Cenvat credit taken on goods used for private purposes needs to be reversed
Discrepancy in inventory valuation allowed as deduction as assessee was following same method consistently
CBDT notifies ‘Press Trust of India’ as a news agency for purposes of sec. 10(22B)
Payments to co. for issue of shares under FDI route can be made through bank account opened by NR
Pre-deposit order may be modified in view of subsequent decision in favour of assessee
ITAT discourages double-dipping by AO; quashes disallowance under two provisions - Sec. 40(a)(ia) and sec. 37(1)
Developers are liable for ST on activity of development of residential complex through contractors
CUP is suitable method when twin conditions of comparability and uncontrolled transactions are satisfied
Developer entitled to sec. 80-IB relief for construction of housing project even if on behalf of someone else
Time-limit for refund of ST to be determined from the date of filing of refund claim
Belated appeal can’t be rejected without considering reasons behind such delay
Guideline value to be opted for sec. 50C if DVO's valuation report isn't available at assessment stage
Margins of trading segment can’t be applied to indenting segment; no re-characterisation unless facts justify

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Refund of ST paid under protest can be claimed within one year from the date of settlement of dispute

20-05-2013

ST : Hire Purchase Finance is not covered under service tax levy under Banking and other Financial Services.

Pre-deposit order may be modified in view of subsequent decision in favour of assessee

20-05-2013

ST : In view of subsequent favourable judgments, pre-deposit order passed may be modified to waive such requirement, as not modifying such order will...

Time-limit for refund of ST to be determined from the date of filing of refund claim

18-05-2013

ST : Claim for refund of service tax paid on services used in export filed after expiry of 6 months from April to June, 2008 was dismissed as barred by...

Matter remanded as demand was confirmed without considering docs produced by assessee

Speed post isn't valid mode of service as law requires registered post with acknowledgement due

Credit to be allowed for ‘rent-a-cab’ service availed by employees for official tours

Subsidy includible in value of services only if it is granted for specified services

ST paid on service of commission agent facilitating sales and marketing of goods is input service

Services of handling, stevedoring, loading, unloading, tug-hire, etc., used for export are eligible for refund

ST paid on services of ‘Terminal Handling’ used in export of goods is eligible for refund

Cenvat credit taken on goods used for private purposes needs to be reversed

20-05-2013

ST/ECJ : In case credit is taken on goods and services used for maintenance, etc., of non-cenvatted capital goods used partially for private purposes,...

Developers are liable for ST on activity of development of residential complex through contractors

20-05-2013

ST : Prima facie, developers getting complex constructed on land registered in name of individual buyers are liable to service tax and services of hired...