Wednesday, June 1, 2011

Service Tax Online Alerts

Alert No 20110601A : 01 June, 2011
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Latest Amendments and Recent News Views & Stories
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Latest News Views and Stories
CBEC's clarification on export of services fails to meet expectations
Export of taxable services are rightly exempted from the purview of Service Tax with a view to earn foreign exchange, economy development of the nation and also to promote brand 'India' globally. As per Export of Services Rules 2005, a taxable service shall be treated as export of service if such service is provided from India and used outside India and fulfils the conditions laid down in Rule 3 (1) and (2) thereof. Exemption to service provided from India to a foreign recipient where the ultimate beneficiaries of such service are...more
Recent Important Judgement
STO 2010 CESTAT 307
Service Tax: Cenvat Credit: Capital Goods: Towers & Pre-fabricated Buildings: Pre-deposit :
Tower is not covered by respective tariff entries. Prima facie not convinced that the tower had at all undergone suffering of excise duty so also that the tower is capital goods. Also the pre-fabricated buildings for the most reasoned and speaking order passed by learned Adjudicating authority shall not be capital goods. The appellant to make pre-deposit of Rs. 5.00 cores. Subject to such compliance, realization of balance demand shall be stayed till disposal of appeal. (para 12,17)...more
 
STO 2010 CESTAT 308
Service Tax: Advertising Services: Cenvat Credit: Input: Stay :
All goods except light diesel oil, high speed diesel oil and motor spirit, are eligible for availment of Cenvat credit. The appellant has made out a prima facie case for waiver of pre-deposit of the amounts adjudged by the adjudicating authority and upheld by the Commissioner (Appeals). (para 5)...more
 
STO 2010 CESTAT 309
Service Tax: Business Auxiliary Services: Pre-deposit :
Lower authorities have not substantiated under which of the various categories of taxable activities enumerated under BAS, the impugned, activity is classifiable. The submission that the impugned activity was originally found to be liable under the category of photography services and that the related demand had been vacated by this bench vide Final Order No 779 to 782/2007 dated 27.07.2007 is relevant and has considerable force. Complete waiver of pre-deposit of the adjudged dues and stay recovery thereof pending decision in the appeal. (para 4)...more
 

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