SERVICE TAX
Skill Development Programmes Approved By Govt Qualify For Service Tax Exemption: CESTAT
The Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that Skill Development Programme approved by the Ministry of Labour and Employment, Government of India is eligible for the exemption from payment of service tax. K. Anpazhakan (Technical Member) stated that the programme undertaken by the assessee is approved by the Government and hence the activity undertaken by them is eligible for the exemption from payment of Service tax, as the said...
Placement Services To MNCs By Educational Trust Liable To Service Tax Under 'Manpower Recruitment Services': CESTAT
The Bangalore Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that placement services to MNCs by the educational trust is liable to service tax under 'manpower recruitment services'. P.A. Augustian (Judicial Member) and R. Bhagya Devi (Technical Member) was addressing the issue of whether the recruiting facility to MNCs and other recruiting organisations by the assessee is liable to service tax under the category of 'Manpower Recruitment or Supply...
Transfer Of Approvals/Allotments Acquired From Government Involves Business Support Services, Attracts Service Tax: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that the transfer of approvals/allotments acquired from government involves business support services, attracts service tax. Dr. Rachna Gupta (Judicial Member) and P.V. Subba Rao (Technical Member) stated that the approvals and allotments so obtained are not 'profit a prendre' hence cannot be called as benefit arising out of immovable property. Assessees are rightly held to have rendered the...
No Service Tax On Target-Based Discounts From Maruti Suzuki To Dealers: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that no service tax on target-based discounts from Maruti Suzuki to dealers. Dr. Rachna Gupta (Judicial) and P.V. Subba Rao (Technical Member) stated that the incentives/ discounts received by the dealers of car manufacturer were not taxable under Auxiliary Service (BAS), as they were the part of a business transaction on a principle-to-principle basis. M/s. Vipul Motors Pvt Ltd. being an...
Service Tax To Be Paid By Distributor, Not By Theatre Owner For Film Screening: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that service tax has to be paid by the distributor under “Copy Right Service” for transfer of right by licence to screen the film in the theatre of the owner. Binu Tamta (Judicial Member) and Hemambika R. Priya (Technical Member) stated that “the purpose of the agreement and the intention of the parties is for screening of the film in the theatre, which cannot be treated as “Renting of...
No Service Tax On 'Upfront Fee' Received By DMRC From Customers Under Concession Agreement: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that no service tax on 'upfront fee' received by DMRC (Delhi Metro Rail Corporation) from customers under concession agreement. Binu Tamta (Judicial Member) and Hemambika R. Priya (Technical Member) was addressing the issue of whether the “upfront fee” received by the Delhi Metro Rail Corporation Ltd. from various customers under the Concession Agreements entered prior to 1.7.2010 is exigible...
Demand U/S 73A Of Finance Act Unsustainable Without Proof Of Service Tax Collection: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that demand under Section 73A Of Finance Act unsustainable without proof of service tax collection. Dr. Rachna Gupta (Judicial Member) and Hemambika R. Priya (Technical Member) stated that “the invoice does not indicate any service tax collection by the assessee. The assessee had merely collected VAT and AAI levy from their clients, and no amount representing Service tax has been collected....
CESTAT Quashes Service Tax Demand Based Solely On Income Tax Data In Form 26AS
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that the service tax demand cannot be based solely on Income Tax Data in Form 26AS without establishing receipt of consideration. The Bench of Dr. Rachna Gupta (Judicial Member) stated that “Revenue cannot raise the demand on the basis of difference in the figures reflected in the ST-3 returns and those reflected in Form 26AS without examining the reasons for said difference and without...
Construction Sub-Contractor Cannot Escape Service Tax Liability When Main Contractor Is Taxable: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that construction sub-contractor cannot escape service tax liability when main contractor is taxable. The Bench of Binu Tamta (Judicial Member) and Hemambika R. Priya (Technical Member) has stated that the construction of residential complexes was not exempt from service tax duty. Hence, the sub-contractors were liable to discharge their service tax liability on such services provided by them...
Service Tax Not Leviable On License Fee Or Spectrum Charges Payable For Period Before 1st April 2016: CESTAT
The Chandigarh Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that service tax not leviable on license fee/spectrum charges payable for period prior to 01.04.2016. The Bench consists of S.S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) has stated that “as per the principle of ejusdem generis, the phrase “any other document issued by the Government demanding such payment” should only include documents of similar nature to an invoice,...
Service Tax Payable On Service Charges Collected From Client For Printing: CESTAT
The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that service tax payable on service charges collected from client for printing. The Bench of Dr. Rachna Gupta (Judicial Member) and P.V. Subba Rao (Technical Member) has observed that the assessee engaged someone else to do the job of printing after preparing content using its in-house expertise. The assessee was, by no stretch of imagination a job worker to a printer. The printer, in fact,...