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Service Tax - Highlights / Catch Notes

Home Highlights August 2015 Year 2015 This

Waiver of pre deposit - differential interest - It was taken ...

Service Tax

August 21, 2015

Waiver of pre deposit - differential interest - It was taken note of by the Revenue that appellants grant loans to the borrowers and build portfolio of loan. These portfolios of loans are sold to other financial institutions by assigning the entire asset. - There is no logic in taking a view that in such a situation assignee is not liable to pay service tax - AT

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  1. Extension of stay granted - Waiver of pre deposit and stay of recovery are two different aspects - order of waiver is not subject to the provisions of Section 35C(2A) - AT

  2. Waiver of pre deposit - Renting of immovable property service - revenue sharing basis agreement - e applicant has made out a case for waiver. - AT

  3. Construction services – nature of receipt - advance or loan - the appellant’s, have made out a prima facie case for waiver of the pre-deposit of amounts involved - AT

  4. Maintainability of appeal - requirement of mandatory pre-deposit - after 6.8.2014 neither the Tribunal nor the Commissioner (Appeals) have the power to waive the...

  5. Power to waiver of mandatory pre-deposit - Section 129E does not empower the Tribunal or the Commissioner (Appeals) to waive the pre-deposit or to reduce the pre-deposit.

  6. Waiver of pre deposit - it may not be appropriate to grant stay on the ground that the matter is before BIFR. - AT

  7. Waiver of pre deposit - Jurisdiction - Notification No. 44/2011-Customs (NT) dated 06/07/2011 is only prospective and cannot be said to have any retrospective...

  8. Waiver of pre-deposit - Passive Telecom Infra Services - Services is more appropriately classifiable under Business Support Service where the present demand is in the...

  9. Waiver of pre-deposit - levy of service tax on sub-contractor - main contractor themselves admitted that they have already paid the service tax - stay order modified -...

  10. Waiver of pre deposit - Construction Service - The Police Housing Corporation appeared to have worked as an extended arm of the Government. - stay granted - AT

 

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