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Showing 61 to 80 of 208 Records Search Text: restaurant service abatement notification |
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Minutes of the 50th Meeting of GST Council held on 11th July, 2023 The 50th GST Council meeting, chaired by the Union Finance Minister, was held on July 11, 2023, in New Delhi. Key discussions included ratification of notifications and circulars, amendments to GST rules, and recommendations from various committees. Notable decisions involved the implementation of e-way bills for gold movement, clarification on interest charges for IGST credit errors, and tax rates on certain goods and services. The Council also addressed issues related to online gaming, casinos, and horse racing, deciding on a 28% GST on full-face value. Proposals for GST Appellate Tribunal setup and state coordination committees were approved. The meeting concluded with a review of GST revenue and extensions for compliance deadlines in Manipur.
2020 (6) TMI 573 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - supply of Refrigerator Whirlpool FP313D PROTTON ROY MIRROR - benefit of reduction in the rate of tax not passed on by way of commensurate reduction in price - contravention of Section 171 of the CGST Act, 2017 - Penalty - HELD THAT:- It is evident from the perusal of Sub-Section 171 (1), 171 (3A) and the Explanation attached to this Section that profiteering pertains to the amount of benefit which has been denied to the recipients by a registered person by not reducing the prices ... ... ...
2020 (7) TMI 384 - CESTAT CHANDIGARH Classification of services - IPR service or franchise service? - manufacture and sale of various formulations (fast moving consumer goods) - benefit of a Notification dated 10 September, 2004 - reverse charge mechanism - HELD THAT:- The amended definition of franchisee contains only the first condition of the definition as it stood prior to 16 June, 2005 and the other three conditions have been left out. Under the amended definition, franchise means an agreement by which the franchisee is grante... ... ...
Minutes of the 14th GST Council Meeting held on 18 and 19 May 2017 The 14th GST Council Meeting, chaired by the Union Finance Minister, was held on 18-19 May 2017 in Srinagar. Key agenda items included confirming the minutes from the previous meeting, discussing interest rates for delayed tax payments and refunds, finalizing tax rates for collection at source, and approving amendments to draft GST rules. The Council also approved the fitment of goods and services into various tax rate slabs, with specific discussions on items like suji, dalia, and low-priced biscuits. Additionally, the Council addressed the constitution of project management teams and committees for GST rollout and discussed service tax exemptions and rates. The next meeting was scheduled for 3 June 2017 in New Delhi.
New Tax Audit - Indirect Tax Compliance The article discusses recent changes in tax audit requirements under Indian Income Tax law, focusing on indirect tax compliance. The amendments require auditors to provide additional disclosures and judgments, increasing their workload. Auditors must now verify indirect tax liabilities and report on compliance with various indirect tax laws, such as VAT, CST, Service Tax, Central Excise Duty, and others. The article highlights the importance of understanding indirect taxes to enhance client value and compliance, and it outlines potential errors and disputes in tax reporting. It also details changes in audit report forms, emphasizing the need for thorough documentation and verification.
Indirect Tax Impact - Tax Audit - AY 14-15 The article discusses the changes in tax audit requirements for the Assessment Year 2014-15, particularly focusing on indirect taxes. It highlights increased responsibilities for auditors due to additional disclosures and reporting requirements. The article outlines the impact of these changes on various indirect taxes, including VAT, CST, Service Tax, Central Excise Duty, and others. It emphasizes the need for auditors to understand indirect tax laws to provide value to clients and ensure compliance. The article also details potential errors and disputes in major taxes and provides a comparative analysis of changes in tax audit forms to enhance transparency and compliance.
restaurant services-threshold exemption limit A discussion in a forum addresses the threshold exemption limit for restaurant service providers concerning service tax. The initial query questions whether the exemption limit is Rs. 10 lakhs or Rs. 25 lakhs. A participant clarifies that, per Notification 33/2012 and Rule 2C, 40% of the total charged amount is considered the service portion. Therefore, if turnover is Rs. 25 lakhs, Rs. 10 lakhs is exempted. Service tax applies only if turnover exceeds Rs. 25 lakhs. Another participant supports this view, noting that the taxable value is 40% of the gross value, qualifying for a Rs. 25 lakhs gross value exemption.
On which value threshold exemption will be available A discussion on a forum addresses the calculation of taxable value for a bar restaurant eligible for a service tax threshold exemption of Rs. 10.00 lakhs. The query involves whether to deduct Rs. 10.00 lakhs from the total Rs. 30.00 lakhs first and then apply the abatement, or to apply the abatement first and then consider the exemption. A Chartered Accountant clarifies that the exemption applies to the gross value, and tax is payable on the net taxable value after abatement. Another participant highlights the importance of considering different periods and the SSP exemption notification.
2010 (7) TMI 174 - HIGH COURT OF DELHI Sales Tax - Providing food in trains is pure sale of goods - constitutional right of the State Government to levy VAT - Commissioner of Value Added Tax held that VAT was payable on the services provided on board the trains, since it amounted to sale within the meaning of Section 2(zc)(vii) of the Act. He also took the view that there were three transactions of sale, one from the licensee contractor to the petitioner, the second from the petitioner to the Railways and the third from the Railways ... ... ...
2025 (4) TMI 3 - CESTAT CHANDIGARH The Tribunal allowed the appellant's appeal, ruling that switchgears manufactured for industrial use are not subject to MRP-based valuation under Section 4A of the Central Excise Act, but instead fall under Section 4 (transaction value). The Tribunal held that goods bearing industrial use declarations are exempt from the Packaged Commodities Rules. Additionally, the extended period of limitation under Section 11A was deemed inapplicable as no suppression of facts occurred when the appellant regularly filed returns that underwent departmental audits. Consequently, the demands for interest and penalties were also set aside.
2023 (2) TMI 783 - CESTAT NEW DELHI Invocation of extended period of limitation - non-payment of service tax - activity of take-away of food (take-away food items over the counter and not serving on the tables) - rent shared by the associated enterprise - privity of contract - composite services - period involved in the appeal is from April 2014 to June 2017 - HELD THAT:- The Circular dated 28.02.2011 issued by Ministry of Finance at the time when restaurant service was made taxable mentions that the levy was intended to be confin... ... ...
2022 (2) TMI 140 - CESTAT NEW DELHI Taxability/non-taxability - business of sale of packed food and beverages on board the trains run by Indian Railways besides sale of packed food items/beverages at stalls at railway stations - unjust enrichment - applicability of the ruling of Hon ble Delhi High Court in INDIAN RAILWAYS CATERING AND TOURISM CORPORATION LTD. VERSUS GOVT OF NCT OF DELHI AND ORS [ 2010 (7) TMI 989 - DELHI HIGH COURT] - HELD THAT:- In the case of IRCTC they were supplying food under contract to the railways through ... ... ...
Abatement entry no in case of Restaurent food A user inquired about the relevant notification entry number to claim a 60% abatement for serving food in air-conditioned premises. Respondents clarified that the service portion for such activities is specified under Rule 2C of the Service Tax (Determination of Value) Rules, 2006, which states the service portion is 40% of the total amount charged. The abatement is addressed under Notification No.26/12-ST, while Notification No.24/12-ST pertains to the service portion. The discussion highlighted the distinction between abatement and valuation, with participants expressing gratitude for the clarification provided.
FICCI-PRE-BUDGET-MEMORANDUM-2015-16 India's economic outlook improved in 2014-15, with GDP growth projected at 5.5-5.6%, up from below 5% in previous years. Inflation concerns eased, and the current account deficit was reduced. Export growth was steady, and foreign investment inflows increased significantly. The government introduced progressive policies to enhance the business environment, including infrastructure development, manufacturing support, and financial inclusion initiatives. The forthcoming budget aimed to boost demand and investments, with suggestions to extend investment allowances, support startups, and implement GST. The fiscal deficit was targeted to decrease, emphasizing revenue growth and efficient expenditure. The agriculture, chemicals, aviation, education, and healthcare sectors received specific recommendations for tax adjustments and policy reforms to support growth and competitiveness.
2013 (11) TMI 1004 - DELHI HIGH COURT Construction services - challenge to the levy on the ground that the Parliament cannot impose service tax on material or goods used in execution of works/composite contract. Central Sales Tax is payable and levied on material used in “works contract” with effect from 11th May, 2002 after amendment of the Central Sales Tax Act, 1956 vide Finance Act, 2002. - Power of levy service tax on “composite or works contracts” - validity of abatement of 67% - Held that:- After 46th Amendment to the Constit... ... ...
2009 (5) TMI 766 - CESTAT, BANGALORE Valuation - MRP based valuation - Section 4A of the Central Excise Act, 1944 - Held that: - Where there is no requirement for declaring retail sale price, the provisions of Section 4 A will not get attracted - the respondent is not declaring the retail sale price on packages cleared to Indian Army/ITBP and is clearly indicating that the goods are for specific use of defence services only - appeal dismissed - decided against Revenue.... ... ...
Legislative changed made / proposed through Budget 2011 The circular outlines legislative changes proposed in the 2011 Budget concerning service tax, effective upon enactment. New services subject to tax include air-conditioned restaurants with liquor licenses and short-term accommodations. Existing services, such as authorized service stations, life insurance, and legal services, will see expanded definitions. Compliance mechanisms are revised to encourage voluntary compliance, with increased penalties for non-compliance. Changes in the Cenvat Credit Rules and Service Tax Rules are detailed, affecting input and input services definitions. Exemptions are granted for specific services, and amendments to export and import service rules are introduced. The circular emphasizes the importance of accurate compliance and provides contact information for further inquiries.
The CBEC Manual outlines the procedures for assessment, classification, valuation, provisional assessment, duty payment, and scrutiny under the Central Excise Rules, 2002. Assessment involves self-assessment by the assessee, with duty payable upon removal of goods. Classification determines the applicable duty rate based on the Central Excise Tariff Act, 1985. Valuation, crucial for ad valorem duties, is primarily based on transaction value, with specific rules for related parties and captive consumption. Provisional assessments are used when duty cannot be finalized at clearance. Duty payment is due monthly, with penalties for delays. Scrutiny ensures compliance, with officers verifying assessments and returns.
2022 (8) TMI 1512 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - construction service supplied by the Respondent Applicant No. 1 - failure to pass on the benefit of ITC by way of commensurate reduction in the price on purchase of Apartment - contravention of Section 171 of the CGST Act, 2017 - HELD THAT:- It is dear from the plain reading of Section 171(1) that it deals with two situations one relating to the passing on the benefit at reduction in the rate of tax and the second on the passing on the benefit of the ITC. On the issue of reduction... ... ...
2018 (7) TMI 432 - CESTAT HYDERABAD Valuation - benefit of abatement - hotel and accomodation services from 1st May, 2011 - N/N. 1/2006-ST - CENVAT credit on inputs/input services and common input services availed - Held that:- There is no dispute that the appellant has not availed CENVAT Credit on any inputs or input services specifically towards provision of accommodation services. They had availed credit on common input services used for accommodation services (when it was not taxable) and other services - The utilization of co... ... ...
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