Friday, May 27, 2011

Service Tax Online Alerts

Alert No 20110527A : 27 May, 2011
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Latest News Views and Stories
Board's clarification on refunds in SEZs will bring in transparency
Special economic zones have always been in news for one or the other reasons. In March 2011 when the ministry issued the Notification 17/2011 dated 1.3.2011,the SEZs across the country had a sigh of relief, little apprehending the series of litigation and confusions which were to follow. Service Tax refunds have always been an uphill task and this notification did not help the cause. Last week, the board came out with a clarification vide circular No 142/11/2011 ST dated 18.5.2011.Many of the questions stand answered and will curtail future litigations...more
Latest Circular
143/12/2011 Dated:26/05/2011 - Processing for or on behalf of client, in relation to agriculture – causing sale or purchase of agricultural produce -- reg....more
Recent Important Judgement
STO 2010 CESTAT 303
Service Tax: Job-work: Refund: Unjust Enrichment: Debit Note issued by principal Manufacturer to the job worker:
When no investigation was done to prove that the debit note was wrong, revenue's pleas do not sustain. It is also a case that when there is no liability the appellant should not suffer. No taxes can be realised without the letters of law. In view of the aforesaid basis of law this appellant should succeed. Accordingly, appeal is allowed. (para 6,7)...more
STO 2010 CESTAT 304
Service Tax: Scientific or Technical Consultancy Service: Information Technology Service:
Pre-deposit: Applicants are developing the software and their keeping upgradation of the same which is well covered under the 'Information Technology Service' for which the applicants are paying service tax w.e.f. 16.5.2008 when the impugned service came into the net of service tax. The demand pertains to the period prior to that. Hence, demand is not sustainable. Waive the requirement of pre-deposit and stay the recovery thereof during the pendency of the appeal.  (para 2,3)...more
STO 2010 CESTAT 305
Service Tax: Scientific and technical consultancy services: Non-speaking Order: Remand :
In view of the guidelines indicated for delivery of justice in the manner desired by elementary principles of law, the orders of the authorities below suffering from the infirmity of lack of reason and being non-speaking order required to be remanded. (para 5)...more

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