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Budget 15-16 proposals: Amendments in sections 73, 76 and 78 (all related to penalty)Budget 15-16 proposals: Insertion of transition provision by way of section 78BBudget 15-16 proposals: Omitting section 80 (provided for waiver of penalty)Extending the scope of advance rulings to resident firms, with immediate effect (from 1.3.2015)Amendment in reverse charge mechanism, with immediate effect (from 1.4.2015)To prescribe full reverse charge on manpower supply and security service provided by individual, HUF, partnership firm to a body corporate, with immediate effect (from 1.4.2015)Prescribing reverse charge on service provided by a mutual fund agent, mutual fund distributor and agents of lottery distributor, with immediate effect (from 1.4.2015)Amendments in section 86 (remedy against the order passed by commissioner (Appeals) in a matter involving rebate of service tax shall lie in terms of section 35 EE of the Central Excise Act)Amendments in the provisions relating to Settlement CommissionShifting the liability of payment of service tax on aggregator of a service where service is provided under the brand name of the aggregator, with immediate effect (from 1.3.2015)Amendments in rules 4 (prescribing documentation, time limit and procedure for registration)Registration for single premises shall be granted within two days of filing the applicationProvisions for issuing digitally signed invoices and maintaining of records in electronic form added in rules 4A and 5 of the Service Tax Rules, 1994, with immediate effect (from 1.3.2015)The period for taking Cenvat Credit is being extended from six months from the date of invoice to one year from the date of invoice.Cenvat Credit allowed on input and capital goods received directly by job workers. ‘Export goods’ and ‘Exempt goods’ defined. New exemptions for,- (a) Precondition, pre-cooling, ripening, waxing, retail packing, labeling of fruits and vegetables (b) Service by a Common Effluent Treatment Plant operator (c) Varistha Bima Yojana (d) Ambulance services (e) Admission to a museum, zoo, national park, wild life sanctuary, and a tiger reserve (f) Service provided by exhibitor of movie to a distributor or an AOP consisting of exhibitor as one of its member (g)Transport of export goods by road from the place of removal to a laChange in abatement rates and conditions thereof for transport of passengers and goods by train; transport of goods by road by a GTA; transport of goods by vessels; executive/business class travel by air; and withdrawal of abatement on services provided in relation to chit, with immediate effect (from 1.4.2015) Amendment in reverse charge mechanism, with immediate effect (from 1.4.2015) To prescribe full reverse charge on manpower supply and security service provided by individual, HUF, partnership firm to a body corporate, with immediate effect (from 1.4.2015) Prescribing reverse charge on service provided by a mutual fund agent, mutual fund distributor and agents of lottery distributor, with immediate effect (from 1.4.2015)Amendment in rule 4(7) of the Cenvat Credit Rules to allow credit of service tax paid by recipient of service in partial reverse charge immediately on payment of tax ,with immediate effect (from 1.4.2015)Service Tax to be levied on service by way of access to amusement facility (amusement parks, water parks , theme parks etc)Service Tax rate is increased from 12.36% to 14%. New rate shall come into effect after the enactment of the Finance Bill, 2015. Notification No. 42/2012-ST is being rescindedSwachh Bharat Cess- Govt. to impose cess on all or any taxable service at the rate of 2% of the value of taxable serviceWe are committed to implementing a state of the art indirect tax system, the Goods and Services Tax, from April 1, 2016 - Finance MinisterNow issuing of Digital Invoices recognised in Service Tax.The term “government” defined Section 65B(26A)Section 80 providing waiver from penalty is proposed to be omitted.
Recent Important Case laws
Service TaxCentral ExciseCustoms
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STO 2014 CESTAT 420
[Date of Order: 2014-01-23]

Telecommunication Service: Reverse charge: International Private Leased Circuit: Services provided by appellants to clients who roam outside India: Issue covered by Board’s Circular and judgment in the case of Vodafone Essar Digilink: Condition of pre deposit waived.

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STO 2014 CESTAT 419
[Date of Order: 2014-03-11]

Cenvat Credit: Input Services: Credit denied on various services: The insurance cover on employees and on their dependents have no relation to the business activity of the appellant: Credit availed on the service tax paid on the "insurance service" is not admissible.

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STO 2014 CESTAT 418
[Date of Order: 2014-05-16]

Renting of Immovable Property: Demand on chilled water supply provided to the tenants: Since chilled water is not sold; it is provided to the tenants; it is only circulated and there is actually no supply and it can be considered as in relation to immovable property renting service: Directions for partial pre deposit issued.

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STO 2014 CESTAT 417
[Date of Order: 2014-03-06]

Cenvat credit: Credit sought to be denied on Transportation of employees, taxi bills, photo copier, maintenance, repair and servicing, insurance, sales promotion activities: Any service availed by a manufacturer of excisable goods in the course of their business activity is entitled for input service credit.

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STO 2014 CESTAT 416
[Date of Order: 2014-03-03]

The issue involved in the present proceedings is whether the services provided by the appellant in relation to handling of export and import cargo, within Container Freight Station (CFS), should be classified as. 'Storage & Warehousing' services or under 'Cargo Handling Services': Department demands service tax under Storage & Warehousing Service: Tribunal in another case has taken a view that it would fall under Cargo Handling Service and stay granted: Based on decision taken in another case, condition of pre deposit waived.

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