Exchange Rate for imported goods is Rs 74.03 Per Pound Sterling and Rs 51.22 Per Yen-Exchange Rate for export is Rs 72.45 Per Pound Sterling and Rs 49.94 Per Yen-Customs Non-Tariff Notification No.128      Sensex slips further and closes at 8773   100 per cent EOUs allowed to export non-basmati rice-DGFT Notification No.59      Customs duty of 5 per cent imposed on import of Pig Iron, spiegeleisen, semi-finished products, flat products & long products    Import of Crude Soyabean Oil subjected to 20 per cent customs duty- no change in import duty on refined soyabean oil-Customs Tariff Notification No.122    Time-limit for filing refund of service tax extended to 6 months-Service Tax Notification No.32   Rahul Bajaj asks Industry to prepare for the worst     Tariff Value for import of Brass Scrap is 3525 and for poppy seeds 5206-Customs Non-Tariff Notification No. 127     CBEC clarifies the entire amount of duty paid by the manufacturer, as shown in the invoice would be available as credit irrespective of the fact that subsequent to clearance of the goods, the price is reduced by way of discount or otherwise-Central Excise Circular No.877      Mandavariya (Kishangarh), District Ajmer notified for Unloading of imported goods and loading of export goods-Customs Non-Tariff Notification No.117    SC Ruling-the entitlement of benefit in terms of Section 32AB, Section 80HH and Section 80I of the Income Tax Act- conversion of Jumbo rolls of photographic films into small flats and rolls in the desired sizes amounted to manufacture/production-AIT-2008-413-SC   SC Ruling-Whether any "gift" arose in terms of Section 2(xii) of the Gift-tax Act, 1958 on the allotment of rights issue by the appellant company to its shareholders vide Board's Resolution- Whether there was any element of "gift" as defined under Section 2(xii) in the appellant issuing Bonus shares in the ratio of 1:23-AIT-2008-412-SC    DEPB benefit allowed on export of cement and steel-DGFT PN 108   exports of cement in all types and forms and primary steel products eligible for export incentives under Focus Market Scheme-DGFT Notification No.58     Import of Marble Tiles-DGFT Notification No.57    Clarification on setting up Duty Free Shops approved by FIPB-Customs Circular No.19       HC Ruling-Income Tax-"reserves" arising out of the acquisition of the business of Tata Cellular Limited could never have the character of "income" in the hands of the petitioners-pre-requisite condition contained in proviso to section 147 to enable the re-assessment to be opened after period of 4 years have elapsed have not been met-AIT-2008-410-HC    HC Ruling-Central Excise- valuation of the goods for the purpose of excise duty and whether excise duty was chargeable under Section 4 or Section 4A of the Central Excise Act 1944-while construing rule 3, who are excluded are only the institutional or industrial consumers as explained in Rule 2A and the industrial or institutional consumers in terms of the proviso to rule 2(p) for the purpose of chapter-II are the same-If the person who purchase the prepacked commodity not directly from the manufacturer or packers, they are consumers and the declaration will be of no effect-AIT-2008-408-HC   Government considering imposition of import duty on steel      Bad News for Consulting Engineers- whether turnkey contract can be vivisected?- The conclusion in Daelim case on the point, prima facie, being not in accordance with law, matter goes to Larger Bench-AIT-2008-405-CESTAT  Larger Bench of CESTAT rules Credit is admissible on an input service relating to the business-AIT-2008-407-CESTAT   credit of the service tax paid on the outdoor catering (canteen) service is admissible as input service under Rule 2(l) of the Cenvat Credit Rules, 2004-AIT-2008-406-CESTAT   The payment for use of "services for MTNL/other companies via the interconnect/port/access/toll by the assessee would not fall within the purview of payments as provided for under section 194J of the Act, so as to be eligible for tax deduction at source-The interconnect charges/port access charges cannot be regarded as fees for technical services-AIT-2008-404-HC   Computation of Value under Section 14 for Levy of Export Duty - Customs Circular No. 18          Advance Ruling- Whether the service fee paid by the applicant to Intertek Testing Management Limited UK under Global Management Service Agreement is taxable as "Royalties & Fee for Technical Services" as per the provisions of Article 13 of DTAA between India & UK? Whether the applicant is required to deduct tax at source on the service fee paid to Intertek Testing Management Limited, UK, at the rate of 10% plus applicable surcharge and cess as per the provisions of section 115A(1)(b)(BB) of the Income-tax Act-AIT-2008-401-AAR   Larger Bench of SC Ruling-whether the revenue can be precluded from filing an appeal even though in respect of some other years involving identical dispute no appeal is filed -AIT-2008-403-SC     SC Ruling-whether transfer of Banking Undertaking gave rise to taxable capital gains under Section 45 of the 1961 Act-it was not possible to compute capital gains and, therefore, the said amount of Rs. 10.20 cr. was not taxable under Section 45 of Income Tax Act-AIT-2008-400-SC   Export duty of 8 per cent notified in place of earlier rate of Rs. 200 per tonne on export of iron ore fines-Customs Tariff Notification No.121    Pan Masala Packing Machines (Capacity Determination And Collection of Duty) Second Amendment Rules, 2008-Central Excise Non-Tariff Notification No.45   SC rules Ethylene and propylene manufactured by the assessee and used in its factory in the further manufacture of the same goods would be entitled to the benefit of exemption contained in notification no.217/86-AIT-2008-398-SC  New DEPB Rates on export of all products notified–DGFT PN 102  service tax paid under Section 66A is available as 'input credit' under Cenvat Credit Rules, 2004 provided the said services are used as input services by the manufacturer or producer of final products or a provider of output taxable service-Service Tax Trade Notice No.43/2008  Anti-dumping duty imposed on import of cable ties from China & Taiwan-Customs Tariff Notification No.118   Definitive Anti-dumping duty imposed on import of Phenol from Singapore, South Africa & European Union-Customs Tariff Notification No.114  High-tech products entitled to benefits under High-Tech Products Export Promotion Scheme –DGFT PN 101   
 
Services  |  Subscribe  |  Contact Us  |   Feedback   |  E-mail  |  News |  Home
JUDGMENTS
CENTRAL EXCISE
CUSTOMS
exchange rate
SERVICE TAX
INCOME TAX
VAT
FINANCE ACTS
FINANCE BILLS
EOU STPI
SEZ
DGFT
RBI
NTT
RESOURCES


    
Email | Print

Whether Service Received prior to 1.1.2005 liable to service tax?

AIT News Network

MUMBAI. The issue of leviability of Service Tax, on services received prior to 1.1.2005,by the recipient of  services from a company which is situated abroad has been referred to the Larger Bench of the Tribunal vide AIT-2008-60-CESTAT

The Tribunal held that “conflicting views have been expressed by the various Benches who have dealt with this issue and in view of the conflicting decisions, we find that as prayed by the learned JDR, this is a fit case for referring the matter to the Larger Bench. Therefore, in view of our observations, the question of leviability of Service Tax on the service recipient prior to 1-1-2005 has to be decided in view of the conflicting decisions of the Tribunal on the matter. Therefore, the above question should be decided by a Larger Bench.”

In the case of AIT-2008-56-CESTAT wherein the Tribunal ruled as under:

“the service receiver of the services provided by the non-resident was notified by the Central Government as liable to pay the Service Tax from 1-1-2005. This would indicate that prior to this date, a service receiver from the non-resident service provider was not liable to pay the service tax.

This provision in itself may not suffice revenue to direct the appellant to discharge the service tax liability as service receiver, on the face of the fact that notification under Section 68(2) of the Finance Act 1994, was issued by the Central Government only on 31-12-2004. If the contention of the learned SDR is to be accepted, then there was no necessity for the Government to issue Notification No. 36/2004-S.T. notifying the Service receiver from non-resident having no office, to pay Service tax, as receiver. By issuing the said Notification, Central Government intended to tax the service receiver from non-resident, with effect from 1-1-2005, which, in corollary would be that no Service tax is payable by this category prior to 1-1-2005.

the rules are subservient to the sections and if section do not provide for discharge of tax by the recipient of services from non-resident having no office, then it would be a futile exercise to rely upon the rules to collect the tax”

This decision was also followed by the Tribunal in the case of – AIT-2008-58-CESTAT

On the contrary the Tribunal presided over by the President in the case of AIT-2008-57-CESTAT held that with effect from 16-8-2002 the liability to pay Service Tax for the services received from a company abroad is on the recipient. This view was also taken in the case of AIT-2008-59-CESTAT  

(Click here for full text of Ruling AIT-2008-60-CESTAT)

Related Story:

·   No Service Tax on Not for profit organizations: CESTAT

·   Industry Associations not liable to Service Tax on Membership fees

·   Service Tax Circular denying Credit on Outward Freight is not legally sustainable

·   Landlords bowled out by Tenants on Service Tax liability

·   Commercial Renting under service tax net from 1st June 2007

·   Centralised Registration of Service Tax Liberalised

·   Credit of Service Tax paid on Cellular Bill is admissible

·   E-payment of service tax

 

  

  Copyright © 2006 allindiantaxes.com | All rights reserved
website designing India & CMS development: Softlogics & Developments