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Refund claim denied - period of limitation - cause of action arose only on 15/11/06, when they paid for the second time as a result of audit objection - refund claim is withing period - Tri Rejection of Refund claim – appellant filed under protest letter on 7.1.1987. - after two days they filed six nos. classification lists - thus, the under protest letter has no effect in the eye of law - Tri An educational qualification recognized by law will not cease to be recognized by law merely because for practicing in the field to which the qualification relates, a further examination held by a body regulating that field of practice is to be taken. - HC Fulfillment of export obligation – it is not open to the customs authorities to presume that extension of the LOP would be granted by the Development Commissioner to facilitate evasion of duty. - HC Merely because the CIT is having a different view, the same would not entitle him to initiate revision proceedings u/s 263, if the view taken by the assessing officer is one of the possible views. - Tri Repayment of capital balance in cash would not attract the provisions of sec. 269T since it does not constitute loan or deposit. - Tri Penalty u/s 271E - violation of sec. 269T - the interest amount and the principal amount were paid in two different occasions - each amoount less then Rs. 20,000 - No penalty - Tri Disallowance under section 14A required finding of incurring of expenditure and where it was found that for earning exempted income no expenditure had been incurred, disallowance under section 14A could not stand. - Tri Disallowance u/s 40(a)(ia) - non deduction of TDS - If the element of income cannot be established, provisions of section 40(a)(ia) cannot be invoked - Tri Gift of immovable property - assessee's brothers and mother have gifted their 1/8th undivided share - very heavy burden lies on the department to prove that it is not the real one - Tri Addition on account of negative stock - The quantitative details as submitted duly explained that there was no negative stock in any of the month. - Tri Rate of tax on the sale of Copper Wire Bars and Copper Cathods - whether would be charged and retained @ 4% or 1% - chargeable at 1%. - HC Appeal u/s 483 – modification sought by the appellant is against the fabric of the Scheme and in the domain of modifications of the Scheme and not of modification for working of the Scheme. - non-compliance of Section 2(19AA), would not render the Scheme unworkable. - HC Since the Director of the appellant-company was actively involved in the day to day activity of the appellant-company penalty on him under Rule 26 has been correctly imposed. - Tri In absence of direct or indirect involvement of the Managing Director in the clandestine removal of the goods no personal penalty under Rule 26 is imposable on him. - Tri Cenvat Credit denied - galvanization does not amount to the manufacture - The duty paid on the G.P. Coils etc., is more than Cenvat Credit taken and needs to be adjusted against the demand of the Cenvat Credit. - Tri Extended period of limitation - in cases of intention to evade duty relevant date for computation of extended period for show cause is the date of knowledge - Tri Rejection of transaction value and enhancement of assessable value has to be on the basis of some evidences on record. - NIDB data cannot be made the basis for enhancement of value - Tri    Left Stop Right
 
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Service Tax Notifications - Budget 2011 - 2012
February 28, 2011
 

 

Notification No. 18/2011 – Service Tax-ST dated -01-03-2011 -

Point of Taxation Rules, 2011

 Notification No. 17/2011 – Service Tax-ST dated -01-03-2011 

Exempts Services received by a Unit located in a Special Economic Zone (SEZ) or Developer of SEZ for the authorized operations, from the whole of the service tax, education cess and secondary and higher education cess leviable thereon

 Notification No. 16/2011 – Service Tax-ST dated -01-03-2011

Prescribes effective rate of service tax on Services provided or to be provided, to any person, by any other person, in relation to transport of- Coastal goods; ii) Goods through national waterway; or iii) Goods through inland water - Amends notification no. 1/2006

 Notification No. 15/2011 – Service Tax-ST dated -01-03-2011 

Rate of Interest for late payment increased from 13% to 18% w.e.f. 1.4.2011 - Amends notification no. 9/2006

Notification No. 14/2011 – Service Tax-ST dated -01-03-2011

Rate of Interest for late payment increased from 13% to 18% w.e.f. 1.4.2011 - Amends notification no. 26/2004

 Notification No. 13/2011 – Service Tax-ST dated -01-03-2011

Taxation of Services (Provided from Outside India and Received in India) Amendment Rules, 2011 - Classification of services for the purpose of Import of services.

 Notification No. 12/2011 – Service Tax-ST dated -01-03-2011 

Export of Services (Amendment) Rules, 2011 - Classification of services for the purpose of export

 Notification No. 11/2011 – Service Tax-ST dated -01-03-2011

Exempts services provided in relation to the execution of works contract - when provided wholly within the port or other port, for construction, repair, alteration and renovation of wharves, quays, docks, stages, jetties, piers and railways

Notification No. 10/2011 – Service Tax-ST dated -01-03-2011

Services provided in relation to works contract when provided wholly within an airport

Notification No. 09/2011 – Service Tax-ST dated -01-03-2011

Exempts transportation of goods by air service to the extent air freight is included in the customs value of goods

Notification No. 08/2011 – Service Tax-ST dated -01-03-2011

Exemption services provided outside India when transportation has taken place outside India and final destination is also outside India.

Notification No. 07/2011 – Service Tax-ST dated -01-03-2011

Exemption taxable services provided by an insurer carrying on General Insurance Business to any person for providing insurance under the Rashtriya Swasthya Bima Yojana

Notification No. 06/2011 – Service Tax-ST dated -01-03-2011

Exempts service of execution of a works contract in relation to Jawaharlal Nehru National Urban Renewal Mission and Rajiv Awaas Yojana

Notification No. 05/2011 – Service Tax-ST dated -01-03-2011

Exempts services provided by n organiser of business exhibition for holding a business exhibition outside India

Notification No. 04/2011 – Service Tax-ST dated -01-03-2011

Amends notification no. 26/2010 - transport of passengers by air service - effective rate of service tax

Notification No. 03/2011 – Service Tax-ST dated -01-03-2011

Service Tax (Amendment) Rules, 2011 - amends Rule 4A, Rule 5A, Rule 6, Rule 7B and insertion of Rule 6A.

Notification No. 02/2011 – Service Tax-ST dated -01-03-2011

Service Tax (Determination of Value) Amendment Rules, 2011 - valuation of purchase or sale of foreign currency, including money changing and valuation of telecom services

Notification No. 01/2011 – Service Tax-ST dated -01-03-2011

Works Contract (Composition Scheme for Payment of Service Tax) Amendment Rules, 2011 - restriction on cenvat credit in certain circumstances

 
 
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