The Hon’ble High Court of Sikkim in case of M/s Future Gaming Solution of India Private Limited v Union of India 2013 TIOL 904 HC SIKKIM ST has held where transaction between assessee-distributor and State Government involved only sale and purchase including…
Category: Service Tax
Amendment in Rule 5A(2) of Service Tax Rules, 1994 (Power of making demand of financial records from assessee)
CBEC has amended Rule 5A(2) of Service Tax Rules, 1994 to empower the Chartered Accountants and Cost Accountant for conducting service tax audits. For granting such empowerment and for making some other changes in the Service Tax Rules, 1994, in rule 5A,…
Levy of service tax on activities involved in relation to inward remittances from abroad to beneficiaries in India through MTSOs
Vide circular No. 163/14/2012–ST, dated 10th July, 2012, on the issue of levy of service tax on the activities involved in the inward remittance it was clarified that there is no service tax per se on the foreign exchange remitted to India from outside for the reason…
PVC/HDPE Tubes or Pipes are eligible for Capital Goods
Definition of capital goods as provided under Rule 2(a) of CENVAT Credit Rules, 2004 includes ‘tubes and pipes’ within its ambit. Department generally interpret this term in very narrow sense so as to cover only tubes and pipes made of…
Limitation of six months for availing CENVAT Credit not applicable in case of Re-availment
CBEC has issued Circular No. 990/14/2014-CX‑8 dated 19th November, 2014 to clarify that the limitation of six months on availment of CENVAT Credit inserted by Notification No. 21/2014-CE (NT) is only applicable on credit taken for the first time within six months of the…
Time Limit would not be Applicable on Refund claim of amount wrongly paid as Service Tax
In the case of JYOTSANA D. PATEL Vs. Commissioner of Central Excise, Nagpur 2014 (35) S.T.R 77 (Tri. Mumbai), the Hon’ble CESTAT of Mumbai held that provisions of Section 11B of Central Excise Act, 1944 i.e. bar of limitation are not applicable…
Due Date for filing ST‑3 extended to 14th November, 2014 due to natural calamities
CBEC vide Order No. 02/2014-ST dated 24th October, 2014 has extended the due date of filing Service Tax Return, for the period April 2014 to September 2014, from 25th October 2014 to 14th November 2014 due to natural calamities in…
Service Tax Officer Does not have the power to conduct Audit
Honorable Delhi High Court in case of M/s Travelite (India) (2014-TIOL-1304-HC-DEL-ST) has held that the powers to conduct audit as envisaged in rule 5A (2) of the Service Tax Rules, 1994, does not have appropriate statutory backing and therefore quashed…
Bank has preferential right to recover Dues over Indirect Tax dues
The honorable Allahabad High Court in case of State Bank of India v Assistant Commissioner of Central Excise & Service Tax (2014) 49 303 Allahabad has held that Rights of a bank to recover its dues under SARFAESI Act have first preferential…
Microsoft’s tax win to aid others exporting services from India
In a decision that nullified a R400-crore service tax demand on Microsoft India and could bring similar relief to scores of Indian companies providing marketing and technical support services to overseas firms, the Delhi Customs, Excise and Service Tax Tribunal…