Tax
Clinical Establishments Providing Health Care Services Are Exempted From Service Tax: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has observed that clinical establishments providing health care services are exempt from service tax.The two-member bench headed by Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) has observed that healthcare services are provided by clinical establishments by engaging consultant doctors....
Responsibility Of Assessee To Know The Eligibility Before Making Export Benefits Claim: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the appellant made a wrong claim of export benefit under MEIS, having been misadvised by the Customs House Agent (CHA).The bench of Anil Choudhary (Judicial Member) has observed that it was the responsibility of the appellant to understand the eligibility and the conditions before making a claim...
State Of Tripura Has No Jurisdiction To Levy VAT For Supply Of LPG Cylinder Under Work Orders Executed Outside The State: Tripura High Court
The Tripura High Court has ruled that the State of Tripura has no jurisdiction to levy VAT under the Tripura Value Added Tax Act, 2004 (TVAT), on transport or supply of LPG cylinders to Tripura under the work orders executed outside the State. The bench of Acting Chief Justice T. Amarnath Goud and Justice Arindam Lodh held that that the situs of the sale would be the place where...
Importers To Furnish Additional Information At Customs Automated System While Filing A Bill Of Entry In Case Of "Specified Goods": CBIC
The Central Board of Indirect Taxes and Customs (CBIC) has notified the Customs (Assistance in Value Declaration of Identified Imported Goods) Rules, 2023 (CAVR, 2023), which shall come into effect on February 11, 2023.The Board has informed importers that, when filing a bill of entry for "specified goods," they will need to provide additional information in the Customs Automated System.The...
Bombay High Court Quashes Reassessment Order On Asian Paints In View Of Full Disclosure
The Bombay High Court has quashed the reassessment order as the assessee, Asian Paints, disclosed fully and truly all facts material and necessary for the assessment.The division bench of Justice Dhiraj Singh Thakur and Justice Valmiki SA Menezes has observed that the reasons do not disclose what material or fact was not disclosed by the assessee.The petitioner/assessee is a public...
TDS Not Applicable To Salary/Commission Paid To Partners: ITAT
The Gauhati Bench of the Income Tax Appellate Tribunal (ITAT) has held that the TDS is not applicable to salary or commission paid to partners.The two-member bench of Sanjay Garg (Judicial Member) and Manish Board (Accountant Member) observed that salary, bonus, remuneration, or commission are collectively referred to as "remuneration," and the remuneration paid during the year is within...
Subsumption Of Service Tax Will Not Absolve Liability To Pay GST If Service Tax Was Agreed To Be Paid In Agreement : Telangana High Court
In a Writ Petition, the Telangana High Court ordered that the Petitioner is liable to pay the GST on the license fee in place of service tax as the Petitioner was paying service tax separately under the terms of Deed of License. The petitioner was granted license by the Telangana State Road Transport Corporation to set up business for running popcorn stall on payment of agreed...
CBIC Extends Levy Of Anti-dumping Duty On Fishnet Exported From China Till July 9, 2023
The Central Board of Indirect Taxes and Customs (CBIC) has extended the levy of ADD on fishnet/fishing nets exported from China till July 9, 2023.Previously, the CBIC issued Notification No. 20/2018-Customs (ADD) dated April 10, 2018, which imposed a definitive anti-dumping duty (ADD) for a five-year period on imports of fishnet or fishing nets coming from China or Bangladesh.The levy of ADD...
CBDT Abolishes Limit Of Rs. 5,000 For Submission Of SFT In Relation To Interest Income
The Central Board of Direct Taxes (CBDT) has removed the limit of Rs. 5,000 for the submission of a Statement of Financial Transactions (SFT) in relation to interest income with effect from January 5, 2023.With the exception of "Jan Dhan Account" holders, the information in SFT must now even include information about account holders earning interest income up to Rs. 5,000.Specific individuals...
Reopening The Assessment Based On Change Of Opinion, Not Valid: Gujarat High Court
The Gujarat High Court has held that the Assessing Officer cannot have any jurisdiction to issue the notice for reopening the assessment when the assessment is sought to be reopened beyond a period of four years.The division bench of Justice N.V. Anjaria and Justice Bhargav D. Karia has observed that there was a change of opinion by the Assessing Officer to reopen the assessment for...
Service Tax Not Payable On Intermediary In The Sale Of Space or Time For Media Agency On Commission Basis: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that service tax is not payable on intermediaries in the sale of space or time for media agencies on a commission basis.The two-member bench of Ramesh Nair (judicial member) and Raju (technical member) has observed that no evidence has been placed on record to establish that the appellant was...
Once The Flat Buyer Cancels The Booking Builder Not Liable To Pay Service Tax: CESTAT
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that once the buyer cancelled the booking and the consideration for service was returned, the service contract got terminated, and once it is established that no service is provided, then refund of tax for such service becomes admissible.The bench of Ajay Sharma (a judicial member) has observed that...