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Service Tax - Highlights / Catch Notes

Home Highlights October 2013 Year 2013 This

Business Support Servcie - Infrastructural support service - ...

Service Tax

October 12, 2013

Business Support Servcie - Infrastructural support service - Removal of fly ash - removal of Fly ash as per rate of the order of Government of Tamil Nadu would not constitute ‘infrastructural support service’ - AT

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  1. Irregular availment of CENVAT Credit - input services - transport service of Fly Ash - The removal of coal Fly Ash is one of the necessity for running of the captive...

  2. Duty demand - Fly ash - Marketability of fly ash - Merely because fly ash is marketed, it cannot be concluded that fly ash is “manufactured goods” - AT

  3. Classification of goods - rate of GST - supply of Fly Ash Bricks - Fly Ash Blocks - since the ‘Fly Ash Bricks’ (containing 60% fly ash content) manufactured and supplied...

  4. Classification of services - cleaning services or GTA Services - The evacuation of ‘fly ash’ is required to continue the industrial activity. Unless the accumulated fly...

  5. Levy of Service Tax - Cleaning Activity - removal of fly ash from the pond - The Respondent is not clearing the fly ash with the objective of cleaning the pond or free...

  6. Collection of fly ash - the service is more appropriately classifiable under Cargo Handling Service and not under Business Auxiliary Service - stay granted - AT

  7. Management, maintenance and repair services or Business Auxiliary Service - Processing of fly ash for cement factory - prima facie case is in favor of assessee - AT

  8. Business Support Services - the gas storage facility in industrial unit are not fitting into overall scope of infrastructural support services

  9. Providing infrastructure facility to BCCI - business support services & infrastructural support services - Prima facie not taxable - stay granted. - AT

  10. Business Support Service (BSS) – appellant constructed infrastructural facilities for marketing of agricultural produce and given to the farmers for marketing their...

 

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