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Service Tax - Highlights / Catch Notes

Home Highlights December 2018 Year 2018 This

Penalty u/s 77 of FA - Issue on doubt - site formation service - ...

Service Tax

December 26, 2018

Penalty u/s 77 of FA - Issue on doubt - site formation service - The impact of clarificating circular dated 12.11.2007 has not been considered at all. As the other matters need a relook - matter restored before the CESTAT

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  1. Penalty u/s 76, 77 and 78 of FA - No malafide can be attributed to the respondent, who is organized under Government of India - No penalty.

  2. Classification - GTA service or Site formation and clearance, excavation - There is no evidence before us to show that transportation activity was the predominant...

  3. Imposition of penalty u/s 76 of FA - works contract service - doubts regarding the interpretation of relevant provisions - benefit of section 80 extended to appellant - AT

  4. Works contract service - Site Formation and Clearance, Excavation, Earthmoving and Demolition Service - the contract being indivisible, no Service Tax can be levied upon...

  5. CENVAT credit - site formation services - captive coalmines - Since there is no dispute that such services have been used, it is concluded that service tax paid is...

  6. Service namely, removing of jungle and bushes in the existing premises of the building does not fall under the definition of Site Formation and Clearance, Excavation,...

  7. Site formation and clearance services - The amount of 2% to 3% margin retained by the appellant cannot be treated as service charges received from the sub-contractors -...

  8. Penalty u/s 77(2) of the FA 1994 - delay in filing the service tax return - penalty of ₹ 20,000/- for each return - When the penalty has been imposed under Section...

  9. Drilling and waste removal activity - t this activity of the appellant would get covered under the category of Site formation service - AT

  10. Removal of over burden and excavation of ore is undertaken for mining of ores only and activity does not fall under Site Formation and Excavation and Earth moving and...

 

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