Wednesday, May 11, 2011

Service Tax Online Alerts

Alert No 20110511A : 11 May, 2011
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Conflicting laws on how to enforce Service Tax on sub-contractors
Millions of people, across India lack access to proper roads, transport, electricity, potable water, and communication facilities. Inadequate and inefficient infrastructure is one of the biggest challenges as it not only adds to transaction costs but also prevents the economies from realizing their full growth potential. The importance of infrastructure for rapid development cannot be overstated. The most glaring deficit in India is the infrastructure deficit. Keeping such infrastructure tax free helps keeping its low cost...more
Latest Circular
139/8/2011 Dated:10/05/2011 - Short Term Accommodation Service and Restaurant Service- clarification -regarding...more
Recent Important Judgement
STO 2010 CESTAT 288
Service Tax: Cenvat Credit : Tax paid on Insurance Services for insuring personnel:Stay Application :
The impugned order was passed by the Commissioner (Appeals) following the Tribunal's decision in the case of Millipore India Ltd. Vs. CCE : STO 2008 CESTAT 638]and Endurance Systems India Ltd.: STO 2008 CESTAT 643], both of which had laid down that any expenses which formed part of the manufacturing cost as per the format prescribed in CAS-4 statement would qualify as input credit. The stay petition filed by the Revenue is rejected. (para 2)...more
STO 2010 CESTAT 289
Service Tax: Clearing & Forwarding Agents Service: Pre-deposit :
The Bench vide Final Order dt. 29/4/2008 clearly held that the services provided by M/s. Cairn Energy Ltd. Pvt. Ltd. would not fall under the category of C&F agent service. If that be so, the appellant having allegedly received the services, as recipient of the services, would not also to be covered under the category of C&F agent service as the services rendered by M/s. Cairn Energy (I) Pvt. Ltd. are not considered as C&F agent service. In view of the above, applicant has made out a prima-facie case for waiver of pre-deposit of the amounts involved. (para 4)...more
STO 2010 CESTAT 290
Service Tax: Business Auxiliary Services: Procuring export orders: Input Services: Refund denied on ground not raised in the SCN :
Since the orders or the authorities below proceed to deny refund on a ground not raised in the show-cause notice, the orders travel beyond the scope of the show-cause notice, which is not permissible in law. The impugned orders set aside and allow the appeals. (para 2)...more

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