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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
More Case Laws...
STO 2014 CESTAT 930
[Date of Order: 2014-10-14]

Service tax on notional interest accrued on security deposits for renting of immovable property: Scope and liability:

This issue has been extensively considered by this Tribunal in the case of Magarpatta Township Developers & Construction Co. Vide order no. A/1366-1374/14/CSTB/C-1 dated 16.07.2014, wherein this Tribunal held that notional interest on security deposit cannot be added to rent agreed upon between the parties for the purpose of levy of service tax for renting of immovable property.(Para 5).

Appeal allowed.

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STO 2014 CESTAT 929
[Date of Order: 2014-10-13]

Business Auxillery Services: Demand:

The applicants are selling the JP miles to their business partners and business partner is providing JP Miles free of cost to their customers for availing free tickets from the applicant. In this case the applicant is not providing any business service to their business partners and remuneration received towards sales of JP Miles by the applicant is not covered under the Business Auxiliary Service. For the remaining demands the applicant has paid substantial amount. Pre-deposit waived.(Para 6)

Stay granted.

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STO 2014 CESTAT 928
[Date of Order: 2014-10-07]

Waiver of pre-deposit: Stay: Scope:

Show cause notice was dropped by the adjudicating authority, which was challenged by the Revenue before the Commissioner (Appeals), who allowed the appeal of the Revenue. Therefore, the applicant cannot be asked to make a pre-deposit at this stage.(Para 4).

Stay granted.

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STO 2014 CESTAT 927
[Date of Order: 2014-10-14]

Appeal against the interim order and non-compliance to provisions of Section 35F: Scope:

As the appeal against the interim order is not maintainable, the said appeal is dismissed as not maintainable before this Tribunal. In this case the appellant has produced the financial records before the Adjudicating Authority but same has not been considered in their case. Matter remanded (Para 5).

Appeal disposed off.

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STO 2014 CESTAT 926
[Date of Order: 2014-10-01]

Business Auxiliary Service: Demand - Appellant imported the goods and sold the same on high sea sale basis: Whether additional handling charges and the facilitation charges are leviable to service tax: Scope:

The appellant has imported the impugned goods in their own account and in their own name and thereafter they have sold goods to ZIL. In these circumstances, whatever expenses have been incurred before transfer of the goods, form part of the sale price of the impugned goods. Relying on the decision of Nahar Industrial Enterprises STO 2010 P&H 868, the appellant is paying these charges for their own purposes. Therefore, same cannot form part of the service tax liability(Para 6).

Appeal allowed.

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