Category Archives: Service Tax

Swachh Bharat Cess Notification

By | November 7, 2015

MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 6th November, 2015 No. 22/2015-Service Tax G.S.R. 843(E).—In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) read with sub-section (5) of section 119 of the Finance Act, 2015 (20 of 2015), the Central Government,… Read More »

Swachh Brarat Cess at the rate of 0.5% on all Taxable services

By | November 7, 2015

Ministry of Finance 06-November, 2015 Government decides to impose a Swachh Brarat Cess at the rate of 0.5% on all serviceS presently liable to service tax, with effect from 15th November 2015; Proceeds from this cess to be exclusively used for Swachh Bharat initiatives Swachh Bharat Cess is not another tax but a step towards… Read More »

Commission of Dealer on sale of SIM cards not liable for Service tax : Madras High Court

By | November 4, 2015

Held:- Though the correct procedure for discharge of the service tax liability by the two parties is that the distributors raise bills for commissions that is due to them along with service tax and BSNL takes Cenvat Credit of tax paid by distributors for discharging liability on the telecommunication service provided by BSNL, such procedure… Read More »

Arranging celebrities/cricketers for promotion and publicity of goods manufactured by client is Advertising agency Services

By | November 3, 2015

Issue  Whether services provided by the appellant to M/s. Hero Honda Motors Ltd. through Cricket Celebrities namely Shri. Saurav Ganguly, Shri. Virender Sehwag, Shri. Yuvraj Singh, Shri. Harbhajan Singh and Shri Zaheer Khan is advertising services or otherwise ? Facts of the Case In the instant case the Appellant, had a tripartite agreement with M/s… Read More »

FIR can not be filed against assessee due to default in payment of service tax

By | November 2, 2015

Finance Act, 1994, being a special and complete Code, prevails over general provisions of IPC and, accordingly, for alleged non-payment of service tax, department cannot filed FIR under provisions of IPC HIGH COURT OF PUNJAB AND HARYANA Ajay Kumar Sandhu v. State of Haryana RAMESHWAR SINGH MALIK, J. CRM-M-NO. 29708 OF 2014 (O & M)… Read More »

Education Cess and SHE allowed to be utilized for service tax payment

By | October 30, 2015

Education Cess and Secondary and Higher Education Cess paid on inputs or capital goods received in the premises of the provider of output service on or after the 1st day of June, 2015 can be utilized for payment of service tax on any output service [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART… Read More »

Section 80 No penalty if no mala fide intension for non payment of service tax

By | October 28, 2015

Facts of the Case :- The appellant entered in royalty agreement with M/s. Shree Arvind Finishers, Ichalkaranji for using the goodwill “Finished by Shri. Arvind processors Pvt. Ltd” for which they were receiving an amount as per the said agreement., The appellant was under bona fide belief that since the VAT has been paid on the… Read More »

No Service Tax if entire Consideration received after issue of occupancy certificate

By | October 27, 2015

Press Information Bureau Government of India Ministry of Finance 26-October-2015 15:45 IST Mere transfer of title in immovable property is exempted from Service Tax In order to resolve a long standing issue relating to levy of Service Tax on sale of flats/dwellings etc. after issue of occupancy certificate but before issue of completion certificate in… Read More »

Guidelines for launching of Prosecution under Excise and Service tax

By | October 24, 2015

  Circular No. 1009/16/2015-CX F. No. 96/54/2014-CX.1 Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs New Delhi, dated the 23rd October, 2015 To Principal Chief Commissioner/ Chief Commissioner of Central Excise (All), Principal Chief Commissioner/ Chief Commissioner of Central Excise and Service Tax (All), Madam/ Sir, Sub: Central… Read More »