TMI Blog2024 (2) TMI 304X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income Tax Act, 1961 - HELD THAT:- The dispute herein is squarely covered in favour of Appellant/Assessee by the ruling of the Hon ble Delhi High Court in the case of THE PR. COMMISSIONER OF GST, DELHI -SOUTH COMMISSIONERATE VERSUS MCDONALDS INDIA PVT. LTD. [ 2017 (10) TMI 514 - DELHI HIGH COURT] where it was held that The Court is satisfied that no error has been committed by the CESTAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the service tax was payable upon receipt of the value of the taxable services received during the month, the service tax is required to be paid on or before 5th of the succeeding month, except for the month of March, the due date was 31st March. (iii) By the Finance Act, 2008 effective from 10th May, 2008, an amendment was made in Explanation (c) to Section 67 of the FA 1994 which defined the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prise, any payment received towards the value of taxable service, in such case shall include, any amount credited or debited, whether called suspense account or by any other name, in the books of account of a person liable to pay service tax. (v) As a consequence of the above amendments, service tax was required to be paid on taxable service provided to Associated Enterprises, even where the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o proposed under section 76 and 78 of the FA, 1994 (vii) The Appellant filed a written reply dated 02.08.2013, wherein amongst others, it was contended that the amendments to Section 67 and Rule 6 are prospective in nature, and cannot be applied to the period prior to 10.05.2008 and therefore the proposal to demand tax, interest and penalties under the impugned notice is bad. After the personal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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