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2024 (7) TMI 308 - CESTAT MUMBAI Levy of service tax - Business Auxiliary services - promotion and marketing of the film produced by the FPC - scope of definition of service - extended period of limitation. Whether the services provided by the appellants are leviable to service tax under the taxable category of Business Auxiliary Service (BAS) or not, in terms of Section 65 (105)(zzb) of the Finance Act, 1994, for the period prior to 01.07.2012? - HELD THAT:- The various charges incurred in promotion of the music and song video... ... ...
Minutes of the 16th GST Council Meeting held on 11th June 2017 The 16th GST Council meeting on June 11, 2017, in New Delhi, chaired by the Finance Minister, focused on confirming minutes from the previous meeting, approving amendments to GST rules, and discussing rate adjustments based on industry representations. Key decisions included adopting revised minutes with changes, approving GST rules on accounts and records, and increasing the annual turnover threshold for the Composition scheme from Rs. 50 lakh to Rs. 75 lakh. The Council also approved certain exemptions and tax rates for services, including a 5% tax on job work services in textiles, diamond processing, and printing sectors. The next meeting was scheduled for June 18, 2017.
2016 (4) TMI 1059 - DELHI HIGH COURT Levy of entertainment tax - Water sport activities offered by Polo Amusement - Polo amusement contended that levy of ET under the ET Act is conditional upon the activity being "amusement" where people are given admission to an entertainment as defined under Section 2(a) - Held that:- the charging provision, Section 6 (1) enacts that tax is to be levied and paid on all payments for admission to any entertainment. Section 2 (m)(iv), in the Court's opinion, covers the payment made by visitors to th... ... ...
2015 (4) TMI 784 - PUNJAB AND HARYANA HIGH COURT Inclusion of value of land for charging Value Added Tax - development and sale of apartments/flats/units - Constitutional validity of Explanation (i) to Section 2(1)(zg) of the Haryana Value Added Tax Act, 2003 and Rule 25 (2) of the Haryana Value Added Tax Rules, 2003 - Violation of Article 246 of the Constitution of India read with Schedule VII, List II, Entry 54 - Claim of refund the tax already paid in so far as it related to the value of materials sought to be charged to VAT. Held that:- On... ... ...
2013 (11) TMI 1004 - DELHI HIGH COURT Construction services - challenge to the levy on the ground that the Parliament cannot impose service tax on material or goods used in execution of works/composite contract. Central Sales Tax is payable and levied on material used in “works contract” with effect from 11th May, 2002 after amendment of the Central Sales Tax Act, 1956 vide Finance Act, 2002. - Power of levy service tax on “composite or works contracts” - validity of abatement of 67% - Held that:- After 46th Amendment to the Constit... ... ...
2011 (1) TMI 650 - CESTAT, NEW DELHI Demand - Mandap keeper service - Time limitation - cost of goods sold - exemption under notification no. 12/2003 - there was no sale involved in the Appellant’s transaction as Mandap keeper while serving their customers, for there is no sale of food and beverage as defined in section 2(h) of the Central Excise Act, 1944. When there is no sale of any materials or goods, the exemption under Notification No. 12/03-ST would not apply. This exemption notification is inapplicable to indivisible servic... ... ...
2010 (12) TMI 40 - CESTAT, NEW DELHI Promotion of logo – business auxiliary service (BAS) - the Agreement dated 30.3.1995 was entered into between Sahara Corporation and the appellants in order to promote business of Sahara Corporation by the appellants and accordingly, the business activity of Sahara Corporation in relation to housing and real estate projects was sought to be promoted and publicized by printing logo of Sahara Corporation on the air tickets, boarding passes, baggage tags and publicity materials and advertisement in... ... ...
2010 (10) TMI 930 - PUNJAB & HARYANA HIGH COURT Whether levy of entertainment tax is covered by Entry 62 of List II or is tax on broadcasting service covered by Entry 92C of List I? Held that:- Levy of entertainment duty falls under entry 62 of List II and is not hit by entry 92C of List I. We are unable to hold that levy of entertainment duty on providing entertainment by broadcasting signals on TV sets is ultra vires the powers of the State Legislature. Petition dismissed.... ... ...
1976 (3) TMI 74 - ITAT DELHI The High Court dismissed Appeals No. 158/STT and No. 2165/STT. Appeal No. 2166/STT was partly allowed, setting aside the remand concerning banquet sales and confirming a 15% exemption on such sales. Other aspects of the order were confirmed.
2023 (12) TMI 227 - BOMBAY HIGH COURT Accrual of income u/s 2(24) - Scope of Amendment to Section 2(24) by the insertion of sub-cause (xviii) - incentives given by the Government - eligible unit under the ultra mega project - scheme being, Package Scheme of Incentives, 2013 effective from 1st April 2013 for a period of five years - constitutional validity of sub-clause (xviii) to Section 2(24) of the Act - whatever purpose of objective are to be treated as income, irrespective of the fact as to whether or not the same is in the natu... ... ...
2022 (7) TMI 642 - AUTHORITY FOR ADVANCE RULING, UTTAR PRADESH The Authority for Advance Ruling held that AAI's transfer of business to ALIAL constitutes a supply under Section 7 of CGST Act but qualifies as transfer of going concern exempt under Notification 12/2017. Monthly/annual concession fees are exempt as part of this transfer. However, reimbursement of salary/staff costs attracts 18% GST as manpower services, while reimbursements for municipal tax, property tax, and water charges remain exempt. AAI must reverse Input Tax Credit proportionately for these exempted supplies under Section 17 read with Rule 42 of CGST Rules.
2022 (5) TMI 783 - NATIONAL ANTI-PROFITEERING AUTHORITY The NAA found that a real estate developer violated Section 171 of CGST Act by failing to pass on ITC benefits to property buyers. Comparing pre-GST and post-GST periods, the developer's ITC as percentage of turnover increased from 0.22% to 2.40%, resulting in profiteering of Rs. 85,77,419. Despite developer's objections about methodology and increased costs, the NAA ordered refund of the profiteered amount with 18% interest to buyers, price reduction, and publication of an advertisement informing buyers of their entitlement. The jurisdictional Commissioner was directed to monitor compliance.
2020 (7) TMI 286 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - supply of Services by way of admission to exhibition of cinematograph films where the price of admission ticket was above one hundred rupees - benefit of reduction in the rate of GST not passed on - contravention of section 171 of CGST Act - HELD THAT:- The Respondent has resorted to profiteering by way of either increasing the base prices of the service while maintaining the same selling prices or by way of not reducing the selling prices of the service commensurately, despite a ... ... ...
Minutes of the 35th GST Council Meeting held on 21st June, 2019 The 35th GST Council Meeting, chaired by the Union Finance Minister, addressed various agenda items including data sharing guidelines with CAG, confirmation of previous meeting minutes, deemed ratification of government notifications, and decisions of the GST Implementation Committee. Key discussions involved reviewing the revenue position, proposed amendments in GST laws, and issues recommended by the Law and Fitment Committees. The Council deliberated on the creation of State and Area Benches of the GST Appellate Tribunal, introduction of an electronic invoicing system, and issues related to the National Anti-profiteering Authority. The meeting also covered recommendations on the use of RFID data for e-Way bill systems and waiver of interest on delayed user charges.
FREQUENTLY ASKED QUESTIONS - GST The Goods and Services Tax (GST) is a destination-based tax on consumption of goods and services, levied at all stages from manufacture to final consumption, with tax credits available at previous stages. It subsumes various central and state taxes, including Central Excise Duty, Service Tax, and State VAT, among others. The GST Council recommends taxes to be subsumed and sets rates. GST is dual, with both the Centre and States levying it on a common tax base. Specific commodities like alcohol and certain petroleum products are excluded. The GST Network (GSTN) facilitates tax processes, while compliance and anti-profiteering measures ensure fair pricing. Special provisions exist for imports, exports, and e-commerce.
2017 (8) TMI 602 - MADRAS HIGH COURT Sale or service - value of SIM cards sold - Whether the value of sim card sold attracts service tax or sale tax under the sales tax act - Held that: - the issue has been settled in the case of IDEA MOBILE COMMUNICATION LTD. Versus CCE. & C., COCHIN [2011 (8) TMI 3 - SUPREME COURT OF INDIA], where it was held that it is established from the records and facts of this case that the value of SIM cards forms part of the activation charges as no activation is possible without a valid functioning of SI... ... ...
The Directorate General of Foreign Trade issued a notice clarifying that state and central taxes collected from customers, such as VAT and service tax, should not be included when calculating foreign exchange earnings for the Served From India Scheme (SFIS) and Service Exports from India Scheme (SEIS). These taxes, collected by service providers on behalf of the government, are not considered earnings. The notice emphasizes compliance with provisions from the Foreign Trade Policy and Handbook of Procedures, which specify that only foreign exchange earned from services rendered should be counted for duty credit entitlement calculations. This directive follows observations from a CAG audit.
RECENT DEVELOPMENTS IN GST India's GDP growth forecasts for FY 2026 and 2027 remain at 8.5% according to the IMF, despite slower-than-expected industrial activity. The GST Appellate Tribunals are delayed due to pending appointments and infrastructure issues. Recent CBIC amendments include clarifying arrest guidelines, reducing GST on fortified rice, exempting gene therapy from GST, and adjusting rates for food inputs and old vehicles. Changes in reverse charge mechanisms and exemptions for export-related compensation cess are also noted. The budget session begins on January 31, 2025, with the economic survey expected the same day. The GSTN has issued advisories on filing and waiver schemes.
2024 (1) TMI 1248 - DELHI HIGH COURT SC upheld the constitutionality of Section 171 of the Central GST Act, 2017, and related rules. The court validated NAA's powers to ensure tax benefits are passed to consumers, emphasizing consumer welfare. While finding some methodological flaws in profiteering determination, the court maintained the legislative intent and mechanism's overall validity, allowing judicial review under Article 226.
2023 (2) TMI 611 - PUNJAB AND HARYANA HIGH COURT Vivad se Vishwas Scheme - whether the scheme is discriminatory to the petitioner Seeking direction to the respondents to allow adjustment of the amounts already paid by the petitioner while considering their case under Vivad se Vishwas Scheme notified by way of Finance Act, 2019 - also seeking refund of excess amounts already paid - HELD THAT:- In the present case, a bare reading of the Act would reveal that though it has been enacted with reference to a fiscal statute, it does not create or exe... ... ...
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