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IJM (India) Infrastructure Ltd. Versus Commissioner of Customs, Central Excise And Service Tax, Hyderabad-IV

2015 (9) TMI 1332 - CESTAT BANGALORE

Waiver of pre deposit - associated enterprises - payment of service tax on the basis of debit / credit entries in the accounts - appellant contended that, the amendment carried out in Section 67 of Finance Act, 1994 cannot be taken to mean that service tax will have to be paid on the amount shown as outstanding from association enterprises - Held that:- Court is in full agreement with the order of the Tribunal in [2014 (7) TMI 410 - CESTAT NEW DELHI] - Pre deposit waived. - ST/Stay/20849/2014, S .....

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er the amendment in the case of associated enterprises, the service tax was to be paid as soon as the amount was debited or credited in the accounts and the situation prevailing prior to the date wherein service tax was to be pad only after receipt of the amount changed. Taking a view that the amended provision would apply even to the amount outstanding as on 10/05/2008, proceedings were initiated against the appellant. As a result of the proceedings, service tax demand for more than ₹ 8.9 .....

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t service tax will have to be paid on the amount shown as outstanding from association enterprises. It was held that tax would be payable only the amount debited or credited after 10/05/2008 and not to the amount shown as outstanding prior to the date. 3. Learned AR would rely upon on the statutory provisions and submits that the issue has been considered by the Commissioner and according to the provisions, tax would be payable on the outstanding amount. 4. We have considered the submissions mad .....

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taxable service with reference to its value, then such value shall be, in a case where the provision of the service is for the consideration in money, the gross amount charged by the service provider for such service provided or to be provided. Explanation (c) to this Section defines the term "gross amount charged" and during period prior to 10-5-2008, the gross amount charged included payment by cheque, credit notes or debit notes. By amendment to this explanation w.e.f. 10-5-2008, th .....

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ion 92A of Income tax Act, 1961. Along with this amendment to explanation (c) to Section 67, Rule 6(1) of the Service Tax Rules, 1994 was also amended and the following explanation was added to the third proviso to Rule 6(1) of the Service Tax Rules, 1994 "Explanation - for the removal of doubts it is hereby declared that where the transaction of any taxable service is with any associated enterprise, any payment received towards the value of taxable service in such a case shall include any .....

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garding amounts payable to M/s. GECAS, Ireland would have to be treated as the payments made to GECAS, Ireland towards the value of services received from them and accordingly the service tax on such payments would be payable by the appellant by the 6th day of the month succeeding the month in which such debit entries have been made. We find that identical issue has been dealt with by the Tribunal in the case of Sify Technologies Ltd. v. CCE & ST, LTU, Chennai (supra), wherein the Tribunal h .....

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