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Tag: Service Tax

GST ArticleIncome Tax Article

Interest paid on belated payments of service tax is allowable for deduction u/s 37(1) IT Act

byCA Bimal Jain20/12/202220/12/2022

The Income Tax Appellate Tribunal, Chennai (“the ITAT”) in Prince Holdings Madras (P) Ltd v. Deputy Commissioner of Income Tax [ITA No.: 524/Chny/2021 dated November 2, 2022] held that the interest paid on belated payments of service tax is allowable…

GST ArticlePre-GST

Credit of service tax cannot be denied on the ground of ‘no nexus with output services’

byCA Bimal Jain13/12/202213/12/2022

The Central, Excise and Service Tax Appellate Tribunal, Mumbai (“the CESTAT”) in the case of M/s. Sequoia Capital India Advisors Pvt. Ltd. v. Commissioner of CGST & Central Excise (Service Tax Appeal No. 87174 of 2019) dated December 01, 2022…

GST ArticlePre-GST

No service tax payable on interest free security deposits taken from customer towards trading of shares

byCA Bimal Jain29/11/202229/11/2022

The CESTAT bench of Ahmedabad (“the Tribunal”) in the case of Marwadi Shares & Finance Ltd. v. C.C.E &S.T.-Rajkot (Service Tax Appeal No. 12087 of 2017) held that the Service Tax is not liable to be paid on the amount…

GST ArticlePre-GSTSupreme Court

SC to decide whether Service tax leviable on secondment of employees

byAdmin04/11/202204/11/2022

The Division Bench of the Hon’ble Supreme Court of India, comprising of Hon’ble Mr. Justice Sanjiv Khanna and Hon’ble Mr. Justice J K Maheshwari, issued Notice in the case of Commissioner of GST and Central Excise Chennai v. M/s Komatsu…

GST in Media

Pre-deposit to appeal under old excise, service tax laws to be only in cash: CBIC

byAdmin30/10/202230/10/2022

The Central Board of Indirect Taxes and Customs (CBIC) has said that pre-deposits for appeals in cases related to the erstwhile Central Excise Duty and Service Tax can be made only in cash and not through Electronic Cash Ledger (ECL).…

GST ArticleHigh CourtPre-GST

Service Tax cannot be levied on affiliation fees and rent collected by universities

byCA Bimal Jain24/08/202224/08/2022

The Hon’ble High Court, Karnataka in the matter ofM/s Rajiv Gandhi University of Health Science v. Principal Additional Director General and Ors. [Writ Petition No.57941 of 2018 dated July 26, 2022] held that Service Tax cannot be levied on affiliation…

GST ArticlePre-GSTSupreme Court

Indivisible composite works contracts are not chargeable to Service tax prior to June 2007

byCA Bimal Jain23/08/202223/08/2022

The Hon’ble Supreme Court of India in the matter of M/s. Total Environment Building Systems Pvt. Ltd. v. The Deputy Commissioner of Commercial Taxes & Ors. [CIVIL APPEAL NOS. 8673-8684 OF 2013 dated August 02,2022] upheld the decision of the…

GST ArticlePre-GST

Taxability of Ocean Freight Charges under Service Tax

byCA Bimal Jain22/08/202222/08/2022

The CESTAT, Chennai in M/s. Geodis Overseas Private Limited v. The Commissioner of Service Tax [Service Tax Appeal No. 157 and 158 of 2012] set aside the order of the Revenue Department demanding the service tax on Ocean Freight Charges…

GST ArticleSupreme Court

Service Tax cannot be levied on antivirus software sold in CD

byCA Bimal Jain10/08/202210/08/2022

The Hon’ble Supreme Court of India in the matter of Commissioner of Service Tax Delhi v Quick Heal Technologies Limited [Civil Appeal No. 5167 of 2022 dated August 5, 2022] has held that Service Tax cannot be levied again on…

GST ArticlePre-GST

Rejection of refund on flimsy grounds would defeat the purpose of rebate schemes

byCA Bimal Jain07/08/202207/08/2022

The CESTAT, Kolkata in the matter of M/s Sethia Oils Ltd. v Commissioner of CGST & Excise, Kolkata North [Final Order No.75397/2022 dated July 13, 2022] has held that rejection of refund claimed by the exporter on flimsy grounds would…

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