Service Tax, Service Tax Law, Service Taxes

Wednesday | 22 May 2013

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Technical Services : A Deeper Insight
100% depreciation on air pollution control equipment even if part of regular P&M
AO is bound by stock valuation as accepted by sales tax authorities; and can’t reassess on third party’s info
Concealment penalty can’t be imposed if divergent views exist on disallowance of an exp.
Electricity charge recovered from tenant not includible in rent from letting out of an immovable property
Disallowances omitted by AO inadvertently during final calculation is rectifiable under sec. 154
Provision of free transport provided to employees for business purposes doesn't amount to a service
Since investment in ICDs was part of business, loss therefrom was held as business loss by ITAT
Period for realisation and repatriation of export proceeds reduced to 9 months for ADs
Validity of taking hyper technical view of section 40(a)(ia)
Frequency for renewal of registration by depositories increased, liability fixed in case of defaults by issuer co.
Amendment to sec. 2(15) fixing monetary limit authorises AO to deny exemption and not to revoke registration
Exp. on replacement of machinery part isn't a revenue exp. if it brings an advantage of an enduring nature
NR couldn’t take shelter of Non-discriminatory clause to bypass conditions for a resident for claiming deduction
Retention money withheld for satisfactory execution of a contract can't be stamped as income of assessee

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Electricity charge recovered from tenant not includible in rent from letting out of an immovable property

21-05-2013

ST : Electricity charges, towards electricity consumed by tenant, recovered on actual basis by landlord are not includible in value of renting of...

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

Belated appeal can’t be rejected without considering reasons behind such delay

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

Provision of free transport provided to employees for business purposes doesn't amount to a service

21-05-2013

ST/ECJ : Provision of free transport facility to employees for business purposes cannot be regarded as 'service' because work done and wages received are...

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...