| Latest Amendments and Recent News Views & Stories
Brought to you by www.servicetaxonline.com Upgrade to Paid Membership, Get Full Access | | Latest News Views and Stories | | Exports enjoying service tax benefits can avail edu cess exemption too | | The provisions of Section 95 of the Finance Act, 2004 and Section 140 of Finance Act, 2007 governs the levy and collection of Education Cess & Higher Education Cess on taxable services. These cesses are collected for the purpose of promoting quality basic education for the needy in India, a social responsibility of every government to its citizens and which has gained importance in view of the enactment of Right to Education Act, 2009. Presently right to education is accorded the same legal status as the right to life as provided by Article 21A of the Indian Constitution. This act ensures the provision of elementary education to every child in the age group of 6-14 years in an age appropriate classroom in the vicinity of his/her neighbourhood...more | | | | | Recent Important Judgement | | STO 2010 CESTAT 258 | Service Tax: Commercial and Industrial Construction: Construction of Road: Refund :
It is an admitted fact by both the sides that the construction of road does not require payment of service tax. Whether the road is being constructed for public utility purpose or as a part of a commercial complex is not relevant, in terms of the Board's Circular above. No infirmity in the view adopted by Commissioner (Appeals), in as much as the contract in the present appeal is admittedly for construction of road only. (para 7)...more | | | | | STO 2010 CESTAT 259 | Service Tax: Business Auxiliary Service: Providing Table Space :
The appellant had provided table space to the financial institutions for which they were getting some money from them. The issue involved in this case is covered by the decision of Silicon Honda STO 2007 CESTAT 479 wherein it was held that the activity for providing the table space to the financial institutions cannot be brought within the definition of "Business Auxiliary Service". Hence the demands are not sustainable....more | | | | | STO 2010 CESTAT 260 | Service Tax: Intellectual Property Service: Pre-deposit :
Upon consideration of all aspects of the arrangement between SKOL and FIPL, prima facie there are enough indicators to show that it was a payment as Consideration for the transfer of Intellectual Property by SKOL to FIPL to enable the latter to manufacture beer and dispose of the same under "FOSTER'S" brand name owned by SKOL in terms of the agreement. It would, therefore, appear that the appellant should pay service tax on the amount collected by them from FIPL for the period of dispute under sub-clause (zzr) of Clause 105 of Sec.65 of the Finance Act, 1994. The appellant should pre-deposit an amount of Rs. 75 lakhs (para 9)...more | | | | | | |
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