Whether service tax shall be leviable on sale of under construction flats?

Dear All, Whether service tax shall be leviable on sale of under construction flats? Recently, Delhi High Court has passed a judgement confirming that service tax shall not be levied on sale of under construction flat. With respect to same, we have summarised the case as under: 1. Background 1.1. Suresh Kumar Bansal (Buyer) had … Read more

Audit of the Service Tax assessees by the officers of Service Tax and Central Excise Commissionerates – Circular No. 181/7/2014-Service Tax

Circular No. 181/7/2014-Service Tax F. No. 137/46/2014-Service Tax Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs     New Delhi, the 10th December, 2014   To,   All Principal Chief Commissioners / Chief Commissioners of Central Excise/Service Tax      Principal Directors General/ Director General Service Tax/ DGCEI/Systems/ Audit All Principal … Read more

Every assessee make available the records for the scrutiny of the officer or the audit party – Service Tax Third Amendment Rules 2014

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]   GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF EXCISE AND CUSTOMS     NOTIFICATION No. 23/2014-SERVICE TAX   New Delhi, the 5th December, 2014 14 Agrahayana, 1936 Saka   G.S.R.    (E).-    In exercise of the powers conferred by clause (k) … Read more

Service Tax on works contract

As per section 65B(54) of the Finance Act, 2012, “works contract” means a contract wherein transfer of property in goods involved in the execution of such contract is leviable to tax as sale of goods and such contract is for the purpose of carrying out construction, erection, commissioning, installation, completion, fitting out, improvement, repair, renovation, … Read more

Interest rate for delayed payment of service tax depends upon the period of delay – applicable from 1st October 2014

Now its costlier affair if you pay the service tax delayed because more you make the delay higher the interest you need to pay. Now you need to pay interest up to 30% if your delay for service tax payment is more than one year. The details of interest rate are shown in the table … Read more

Clarification regarding availment of CENVAT credit after six months CBEC Circular

Circular No.: 990/14/2014-CX-8 F. No. 267/72/2013-CX.8 (Pt) Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs ************* New Delhi, the 19th of November, 2014   To, Principal Chief Commissioners/Chief Commissioners of Central Excise (All) Principal Chief Commissioners/Chief Commissioners of Central Excise of Central Excise & Customs (All) Director General, Directorate … Read more

Levy of service tax on activities involved in relation to inward remittances from abroad to beneficiaries in India – CBEC Circular

Circular No. 180/06/2014 – ST   F. No 354/105/2012-TRU (Pt.) Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs Tax Research Unit   Room No 153, North Block, New Delhi Dated 14th October, 2014 To Chief Commissioner of Customs and Central Excise (All) Chief Commissioner of Central Excise & Service Tax … Read more

Abatement chart under service tax

Abatement means reduction or decrease of amount from taxable value of services. Service provider has to pay service tax after arriving at appropriate value of service as per section 67 of Finance Act, 1994 read with the Service Tax (Determination of Value) Rules, 2006. The Government can provide for reduction in the value of any … Read more

Refund of Service Tax

Section 83 of the Finance Act, 1994 makes certain provisions of the Central Excise Act, 1944 (CEA) applicable to service tax. Section 11B of CEA provides for refund which is also applicable to refunds of service tax. Claim of refund of service tax should be filed in the prescribed format; i.e. in Form R to … Read more

Service Tax On Legal Services

Legal Service has been defined in Notification No. 25/2012 dated 20th June 2012 as any service provided in relation to advice, consultancy or assistance in any branch of law, in any manner and includes representational services before any court, tribunal or authority. After reading this definition in detail, we can see that legal services include representational … Read more