Latest Amendments and Recent News Views & Stories
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| Latest News Views and Stories |
| Judiciary to decide constitutionality of Service Tax on builders | Ever since an explanation was inserted in the definition of construction service, builder associations, across the country have moved courts to declare the impugned levy of service tax on construction services as unconstitutional.
As per the new definition, construction of a complex which is intended for sale, by a builder or any person authorised by the builder before, during or after construction shall be deemed to be service provided by the builder to the buyer. This has given sleepless nights to those engaged in the industry....more | | |
| Recent Important Judgement |
| STO 2010 CESTAT 185 | Service Tax: Call charges off Village Panchayat Telephone: Pre-deposit: Notification No. 3/94-CE dt. 30.6.94:
Coverage under this serial number is prima facie not available as telephones run by village panchayat cannot be considered as departmentally run public telephones. In this view of the matter, no prima facie case for total waiver has been made out....more | | |
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| STO 2010 CESTAT 186 | Service Tax: Tax with interest paid before issue of SCN: Penalty:
The issue stands settled by the decision of the Tribunal in Shanti Casting Works Vs. CCE, Coimbatore STO 2009 CESTAT 45 holding that penalty cannot be imposed when service tax and interest is paid prior to issue of show cause notice. The penalties imposed under the provisions of section 76 and 78 of the Finance Act, 1994 is set aside and the appeal allowed. (para 2)...more | | |
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| STO 2010 CESTAT 187 | Service Tax: Delayed payment: Penalty:
None of the reasons put forth by the assessees for delay in payment of service tax is reasonable cause so as to extend to them the shelter under Section 80 of the Finance Act, 1994. The Commissioner has given detailed finding in pars 7.3 of the impugned order for rejecting the submission of the assessee that they had reasonable cause for the delay in paying the tax. The impugned order relating to imposition of penalty is upheld. (para 2,3)...more | | |
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