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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 2015 CESTAT 99
[Date of Order: 2015-02-10]

Tour Operator Service: Commissioner (A) directing classification of service and quantification of tax accordingly: Though Commissioner (A) does not have power to remand, looking to the peculiar facts & circumstances, the issue needs to be considered at original level: Impugned order set aside and matter remanded to original authority.

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STO 2015 CESTAT 98
[Date of Order: 2015-01-12]

Cenvat Credit: Credit for services received prior to introduction of CCR 2004: Services were received in September, 2004 but the appellant's liability to pay service tax, if at all, so arose in October 2004. By such time, Cenvat Credit Rules had come into existence. As such, after payment of service tax in October 2004, the appellant would have availed the credit of the same immediately. As such, the view of the authorities below that the services were received in September 2004, when the Cenvat Credit Rules was not in existence (Though came into existence on 10.9.2004), has no merits.

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STO 2015 CESTAT 97
[Date of Order: 2015-01-23]

Cenvat credit: M.S.Sheets: Goods used for repair & maintenance of factory: Due to conflicting judgments available at the material time about eligibility of cenvat credit, suppression of facts not justified: Departmental appeal rejected.

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STO 2015 CESTAT 96
[Date of Order: 2015-01-27]

Cenvat Credit: Demand: Stay: Applicants filed refund claim for unutilized cenvat credit, which stands rejected: Department issued another show cause notice to applicants proposing to deny cenvat credit itself: Credit lying in books of accounts of applicants unutilized: Condition of pre deposit waived.

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STO 2015 CESTAT 95
[Date of Order: 2015-02-02]

Demand: Stay: Construction of Complex Service: Residential flats constructed for Andhra Pradesh Government, subsequently sold to beneficiaries: It is a commercial service: Directions issued for pre deposit.

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