Latest Amendments and Recent News Views & Stories
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| | Latest News Views and Stories Upgrade to Paid Membership, Get Full Access | | Prosecution under Service Tax provisions needs due diligence and caution | | With power comes responsibility. Prosecution provision in Service Tax has given immense powers to the service tax officers and one hopes that these powers are used with a sense of responsibility. The provisions are so harsh that one can be prosecuted for minor faults such as not issuing invoice within a fortnight. The Service Tax is perceived to be assessee friendly, but many amendments this time around are not-so assessee friendly. Encouraging voluntary compliance and introduction of penalties based on the gravity of offences. While minor technical omissions or commissions have been made punishable with simple penal measures, prosecution is meant to contain and tackle certain specified serious violations...more | | | | | |
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| Recent Important Judgement |
| STO 2010 CESTAT 297 | Service Tax: Commissioning and Installation: Enactment of new entry presumes the service was not taxable before such enactment: Refund :
When a subsequent entry is enacted to cover an activity without changing an existing entry, it is presumed that the earlier entry did not cover the said activity. The definition of the expression "erection, installation or commissioning" has not undergone any change during the period in question and, therefore, subsequent to introduction of levy of service tax on works contract, such contract would not be covered prior to 1.6.2007 under the taxable head of installation or commissioning service. The impugned order of sanction of refund of service tax paid by the respondents is upheld and reject the appeal. (para 8,11) [Per: Jyoti Balasundaram]...more | | |
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| STO 2010 CESTAT 299 | Service Tax: Works Contract: Composition Scheme :
The benefit of the composition scheme under the 2007 Rules is available [subject to the exercise of option and the conditions of eligibility for exercise of such option as spelt out in Rule 3(3)] only in relation to "works contract service", as defined in Rule 2(c) as meaning service provided in relation to execution of the works contract referred to in sub-clause (zzzza) of Clause 105 of Section 65 of the Act. (para 24)...more | | |
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