Friday, May 13, 2011

Service Tax Online Alerts

Alert No 20110513A : 13 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
Recent Important Judgement
STO 2010 CESTAT 291
Service Tax: Stockbrokers Service :
NSE transaction charges made to be liable to service tax from May 2008:  Pre-deposit: Commissioner (Appeals) has not decided the issue on merits but has dismissed the appeal for non compliance with the stay order passed by him. The impugned order set aside and remand the matter to Commissioner (Appeals) for decision on merits, without insisting on pre-deposit. (para 2)...more
STO 2010 CESTAT 292
Service Tax: Works Contract :
Construction of a canal and pumping station for irrigation: Pre-deposit: Infrastructure activities, which are concerned with welfare activity, for the citizens of this excluded from the liability of service tax. The work executed by the appellant is in respect of the irrigation system for the Government of Andhra Pradesh and is not for any commerce or industry. The clarification referred to by the Tribunal applies equally to the impugned activity undertaken through EPC mode. Waiver of pre-deposit of the dues adjudged against the appellants and stay recovery thereof pending disposal of the appeal. (para 7,7.1)...more
STO 2010 CESTAT 293
Service Tax: Photography Services: Tax on trading: Remand :
All the invoices enclosed pertain to the trading/sale by the appellant to various customers which are not the invoices for the services render to their customer. The appeal is allowed by way of remand to the Commissioner to pass the necessary orders after examining the documents produced by the appellant and appellant is also directed to produce the documents in support of their claim as required by the Commissioner for verification. Accordingly, the appeal is disposed of. (para 7)...more

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