Service Tax, Service Tax Law, Service Taxes

Wednesday | 22 May 2013

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Payment of royalty to get exclusive manufacturing rights is allowable as revenue exp.
International transactions are at ALP if sharing of profits in equal ratio by assessee with its AE is justified
Obligation to frame Code of Conduct to prevent ‘insider trading’ is sacrosanct; its violation invites penalty
Sum paid to the other party to the agreement even on its refusal to honour the agreement is not an allowable exp.
Deliberate non-payment of ST warrants invocation of extended period to recover ST dues
Takeover Code empowers SEBI to permit withdrawal of open offers only where performance of offer is impossible
Your Queries on Accounts and Audit
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)

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Deliberate non-payment of ST warrants invocation of extended period to recover ST dues

22-05-2013

ST : Collection of amounts by mentioning same on reverse side and not paying service tax thereon amounts to mis-declaration of value and suppression of...

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

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

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...