SERVICE TAX
VCES Immunity Bars Fresh Service Tax Demand After Discharge Certificate Is Issued: CESTAT Chennai
The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 12 March held that once a taxpayer declares dues under the Service Tax Voluntary Compliance Encouragement Scheme, 2013 (VCES) and obtains a discharge certificate, the Department cannot issue a fresh notice for the same period on the same issue. A Bench of Technical Member M. Ajit Kumar and Judicial Member Ajayan T.V. held that a declaration accepted under the scheme attains finality and grants immunity from...
Non-Charging Of Service Tax From Client Cannot Justify Non-Payment: CESTAT Ahmedabad
The Ahmedabad Bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has held that non-payment of tax on the ground that the same was not charged by the taxpayer from its client cannot be a valid basis to claim bona fide belief, while also holding that commission agents, other than those dealing in agricultural produce, became liable to service tax from 9 July 2004. A coram of Judicial Member Somesh Arora observed, "The statutory provisions are clear and leave no scope for...
CESTAT Chennai Sets Aside Demand After VAT Paid On 70%, Holds Service Tax Can Apply Only On Remaining 30% Contract
The Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that in a works contract involving tyre retreading, where VAT had been discharged on 70% of the contract value under the prescribed method, service tax could be levied only on the remaining 30%, observing that the same portion cannot be subjected to both levies.A bench of Judicial Member Ajayan T.V. and Technical Member M. Ajit Kumar allowed the appeal filed by Madurai-based Super Transports (P)...
CENVAT Credit Reversal Cannot Exceed Proportionate Credit Attributable To Exempt Services: CESTAT Kolkata
The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that reversal of CENVAT credit cannot exceed the proportionate credit attributable to exempt supplies, while granting relief to Bank of India and remanding the matter for recomputation of the credit liable to be reversed. A coram of Judicial Member Ashok Jindal and Technical Member K. Anpazhakan observed that “we agree with the submission of the appellant that the demand for reversal of credit should...
Land Component In Country Club Membership Fee Cannot Be Included For Service Tax: CESTAT Hyderabad
The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the value of land included in composite membership packages offered by Country Club (India) Ltd (now known as Country Club Hospitality & Holidays Ltd) (appellant) cannot be included in the taxable value for the purpose of levying service tax under the category of “club or association service".The bench consists of Judicial Member Angad Prasad and Technical Member A.K. Jyotishi stated that "The...
Tobacco Board Auction Fee Is Statutory Levy, Not Taxable Service; No Service Tax Payable: CESTAT Hyderabad
The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that statutory fees collected by the Tobacco Board for conducting auctions of Virginia tobacco cannot be treated as consideration for taxable services and, therefore, are not liable to service tax.The bench consists of Judicial Member Angad Prasad and Technical Member A.K. Jyotishi, who observed that the Tobacco Board was performing statutory and regulatory functions under the governing legislation...
No Service Tax On Advertisement Expense Reimbursement Received By Panasonic Under Cost-Sharing Deal: CESTAT Chennai
The Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that service tax cannot be levied on reimbursement of advertisement and sales promotion expenses received by Panasonic Home Appliances India Co. Ltd. from its foreign group company under a cost-sharing arrangement, as such payments do not constitute consideration for any taxable service. The bench, comprising Technical Member M. Ajit Kumar and Judicial Member Ajayan T.V., observed that although the...
Service Tax Not Leviable On Tobacco Processing Job Work: CESTAT Hyderabad Dismisses Revenue Appeal
The Hyderabad Bench of CESTAT has dismissed the Revenue's appeal against Premier Tobacco Packers, holding that service tax cannot be levied on job work relating to threshing and redrying of tobacco leaves, as the issue is already settled by earlier Tribunal rulings treating such activity as processing of agricultural produce. The bench of Judicial Member Angad Prasad and Technical Member A.K. Jyotishi dismissed the Department's appeal and upheld the Order-in-Appeal, which had set aside the...
Supply Of Water To Vessels Within Port Liable To Service Tax Before 2010 Exemption: CESTAT Ahmedabad
The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the supply of water to vessels within a port area forms part of “port services” and is liable to service tax under the Finance Act, 1994 for the period prior to the exemption introduced with effect from July 1, 2010. The bench comprising Judicial Member Dr Ajaya Krishna Vishvesha and Technical Member Satendra Vikram Singh observed that, “We therefore, agree with the arguments of learned AR...
Service Tax Cannot Be Demanded Solely Based On Form 26AS Data Without Inquiry: Gauhati High Court
The Gauhati High Court on 20 February, held that the Revenue Department cannot demand Service Tax from a taxpayer, solely on the basis of information provided in Form 26AS. The Division Bench of Justice Michael Zothankhuma and Justice Shamima Jahan heard an appeal filed by the Principal Commissioner of CGST, Dibrugarh, against a CESTAT Kolkata order that had set aside a service tax demand of Rs. 6,39,09,190 imposed on a contractor. The Bench held: “The show cause notice dated 21.10.2019 and...
Service Tax Fully Exempt For Rural Skill And Vocational Training Under DDU-GKY: CESTAT Ahmedabad
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad, on 27 February, ruled that training services under the Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY) are exempt from service tax if covered by the applicable notifications. A Bench of Judicial Member Dr. Ajaya Krishna Vishvesha and Technical Member Satendra Vikram Singh, allowed the appeal by Checkmate Services Pvt. Ltd., confirming that providing skill and vocational training to rural youth under DDU-GKY was...
Mere Audit Detection Not Ground To Invoke Extended Limitation Under Finance Act: CESTAT Delhi
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi on 9 March, emphasised that the extended period of limitation cannot be invoked in the absence of a specific allegation of fraud, collusion, or suppression of facts. A Bench comprising Judicial Member Ms. Binu Tamta and Technical Member Ms. Hemambika R. Priya, set aside a service tax demand raised against the Rajasthan Housing Board, holding that where the taxpayer had disclosed the availment of CENVAT credit in its...