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Showing 81 to 100 of 692 Records Search Text: calculate service tax restaurants india |
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2021 (9) TMI 1064 - AUTHORITY FOR ADVANCE RULING, GUJARAT Supply or not - supply as going concern or not - transfer of business by the AAI to the M/s. Adani Ahmedabad International Airport Limited - covered in clause 4 of schedule II of CGST Act viz-a-viz GSGST or not - scope of Entry No. 2 of the exemption N/N. 12/2017 Central Tax (Rate) dated 28-06-2017 issued u/s Section 11 of CGST Act 2017 - levy of GST on the transfer of Existing assets (RAB), Aeronautical Assets, non-aeronautical assets and Capital work in progress by AAI - transfer of asset be t... ... ...
2021 (7) TMI 216 - CESTAT BANGALORE Taxability - Banking and other financial services - services rendered by ICICI Econet Internet and Technology Fund floated by the Settlor - trust is a legal entity or not - whether obtaining registration under any statute entails the trust to a Tax liability - Mutuality of Interest between Trust and Members - service provider-receiver relationship - tax liability on Carry Interest and performance fee - time limitation - computation errors - penalty - Revenue Neutrality - VCF established in the f... ... ...
Minutes of the 43rd GST Council Meeting held on 28th May, 2021 The 43rd GST Council meeting, chaired by the Finance Minister, was held on May 28, 2021, in New Delhi. Key agenda items included confirmation of previous meeting minutes, ratification of notifications and circulars, and updates on GST implementation and revenue. The Council discussed issues related to GST laws, including late fee rationalization, annual return simplification, and GSTN-related matters. It also addressed COVID-19 relief measures, including potential tax reductions on medical supplies and the proposal for a COVID cess in Sikkim. Additionally, the Council reviewed the status of GST compensation and the constitution of new Groups of Ministers (GoMs) for specific issues. The meeting concluded with a decision to defer certain agenda items and form a GoM to address tax rate issues.
2018 (12) TMI 1112 - CESTAT NEW DELHI Refund of service tax paid wrongly under the category of renting of immovable property - assesse claimed that the leasing of club (a business) does not fall in the meaning of word ‘immovable property’ - the appellant has been running the club by way of Joint Venture with AMPL, on principle to principle basis - revenue sharing - Revenue contended that, the club is a multiple use building and the service provided by the club were available only to members and their guests. Held that:- In this agre... ... ...
2018 (11) TMI 841 - CESTAT MUMBAI CENVAT Credit - common input services against trading of goods on high sea without bifurcation of inputs on common input services for dutiable and exempted goods - Rule 6(3)(i) of CCR - Held that:- It is apparently clear that a pure sale, unassociated with delivery of goods and services together, is not to be considered as service. Therefore what is contained in Section 66D of the Finance Act, 1994 dealing with negative list of services concerning trading of goods and the clarificatory circular ... ... ...
GST Charcha: Reduction in GST rates on several goods – Anti-Profiteering alert!!! The 28th GST Council meeting recommended reducing GST rates on 88 products, providing consumer relief and industry boost. However, concerns arise about potential profiteering, where businesses might not pass on these benefits to consumers. The Anti-Profiteering provisions under Section 171 of the CGST Act mandate that tax reductions and input tax credit benefits be transferred to consumers through price reductions. Non-compliance can lead to penalties, including price reductions, refunds with interest, or business registration cancellation. Recent cases illustrate challenges in enforcing these provisions. Clear guidelines and consumer awareness are needed to ensure compliance and avoid disputes.
2018 (8) TMI 1286 - CESTAT HYDERABAD Levy of Service Tax or VAT - supplies made to airlines towards cost of materials and handling charges - APVAT Act - Held that:- Respondent herein is raising bill/invoice on the airlines wherein amounts are charged separately for the supply of food items and beverages and handling charges for such supplies; appellant is not rendering any services in flight and is required to only delivery the food articles to the airlines - Reliance placed in the case of COMMISSIONER OF SERVICE TAX VERSUS LSG SKY... ... ...
Clarifications on various aspects of Swachh Bharat Cess The Central Government implemented the Swachh Bharat Cess (SB Cess) at 0.5% on all taxable services starting November 15, 2015, leading to various clarifications. The SB Cess is calculated on the abated value of services, with specific rules for different service categories like works contracts and catering. It is also applicable under the Reverse Charge Mechanism. Amendments to the Service Tax Rules provide an alternate rate calculation for certain services. The SB Cess is not part of the Cenvat Credit chain, and separate accounting codes are established for its payment. The Point of Taxation Rules determine the applicability of the SB Cess based on service provision and payment timelines.
Only restaurants, eating-joints, or messes with air-conditioning or central air-heating must pay service tax, according to a clarification issued by the Government of India. Establishments without these facilities are exempt. For those liable, 60% of the total charge is deducted before applying the service tax rate, which increased to 14% from June 1, 2015. This results in an effective tax rate of 5.6% on the total amount charged. Previously, with a service tax rate of 12.36%, the effective rate was 4.94%.
Indirect Tax and Food Industry The article examines the impact of indirect taxes, particularly central excise and service tax, on the food industry. It explains how agricultural produce undergoes various processes before consumption, with some activities classified as manufacturing, thus subject to excise duty. The article details the service tax implications for activities related to agriculture and food services, including restaurants and catering. It highlights that certain agricultural services are exempt from service tax under the negative list, while food manufacturing in restaurants is subject to both excise and service taxes. The article also discusses tax exemptions and the calculation of service tax in various scenarios within the food industry.
2013 (9) TMI 853 - Supreme Court Taxing sale of goods – Works Contract - Whether taxing sale of goods in an agreement for sale of flat which is to be constructed by the developer/promoter is permissible under the Constitution – Held that:- When the agreement between the promoter/developer and the flat purchaser is to construct a flat and eventually sell the flat with the fraction of land, it is obvious that such transaction involves the activity of construction inasmuch as it is only when the flat is constructed then it can be ... ... ...
2012 (9) TMI 410 - DELHI HIGH COURT Direction for special audit - complexity of accounts - Held that:- AO felt that the case required detailed scrutiny or monitoring, verification of entries, which were substantial in number. Detailed scrutiny of large number of entries by itself, on standalone basis, will not amount to complexity of accounts. The accounts do not become complex because merely there are large number of entries, an AO is required to scrutinize the entries and verify them, but this does not require services of a spec... ... ...
2007 (7) TMI 50 - ITAT BANGALORE For making adjustments u/s 92C(3)(a) to (d), AO need not required to demonstrate before the assessee - The provision of Sec 40A is not applicable here - Further tribunal decided upto the matter related to "ARM'S LENGTH PRICE" and nature of amount paid as advance under lease agreement etc.... ... ...
2004 (9) TMI 657 - DELHI HIGH COURT The court allowed the writ petition to the extent that only the unadjusted portion of the fixed charge for entry into the discotheques should be taxed. The court calculated the taxable amount based on the ratio of unadjusted charges in one of the discotheques. The petitioner was directed to deposit the specified amounts towards entertainment tax, and the bank guarantee was to be discharged upon payment. Each party was to bear its own costs.
2001 (12) TMI 857 - PUNJAB AND HARYANA HIGH COURT The court upheld the constitutionality of the Haryana Local Area Development Tax Ordinance, 2000, and the Haryana Local Area Development Tax Act, 2000. It found that the State Legislature was competent to enact the Entry Tax Act, which was not in violation of various constitutional articles. The court dismissed the writ petitions, concluding that the legislation was valid, within legislative competence, and the exemption notifications were not arbitrary or discriminatory.
1991 (2) TMI 403 - Supreme Court Whether Section 4 of the West Bengal Entertainments and Luxuries (Hotels and Restaurants) Tax Act, 1972 can be held to be ultra vires the Article 14 of the Constitution of India for failure to make required classification and for imposition of luxury tax on flat or fixed rate only on the basis of air-conditioned floor space? Held that:- The Act requires the luxury tax to be in proportion of or proportional the air-conditioned space and it requires the tax to be uniform upon the same class of own... ... ...
1987 (10) TMI 362 - KERALA HIGH COURT The court upheld the validity of the Kerala Finance Act 18 of 1987, which imposed sales tax on certain items, rejecting the challenge based on Article 14 of the Constitution. The court found the classification of hotels and restaurants for tax purposes to be reasonable and related to the legislative objective. Additionally, the court addressed the retrospective effect of the Act, noting that taxes would only be collected from the date of publication onwards, thereby dismissing the petitions. The court refused leave to appeal to the Supreme Court and made no order as to costs.
1985 (1) TMI 278 - MADRAS HIGH COURT The court declared that the State Government and tax authorities could not recover sales tax based on item 150 from hotels approved by the Department of Tourism. All writ petitions were allowed, and the court granted a certificate for appeal to the Supreme Court under article 134A due to the substantial question of law involved and the pending writ petition on the same issue in the Supreme Court.
2023 (10) TMI 1388 - CESTAT MUMBAI - LB Non-payment of service tax on outbound tours - tour operator service - service provided within the taxable territory or not - services relating to outbound tours provided by the appellant would be covered under the category of tour operator services under section 65(115) of the Finance Act or not - liability for the period from 10.9.2004 - HELD THAT:- The decision of the division bench of the Tribunal in M/S COX KINGS INDIA LTD., M/S TRAVEL CORPORATION OF INDIA LTD. AND M/S SWAGATAM TOURS PVT. L... ... ...
2022 (7) TMI 34 - NATIONAL ANTI-PROFITEERING AUTHORITY The NAA ruled against a company that failed to pass on GST rate reduction benefits to consumers, determining profiteered amount of Rs. 1,86,39,57,508/-. The Authority rejected all defenses including time-bar arguments, challenges to calculation methodology, claims about increased customs duty, and constitutional challenges. NAA held that Section 171 mandates commensurate price reductions as the only acceptable method of passing benefits, ruling that increased product quantity/grammage, post-supply discounts, or passing higher benefits on certain SKUs were not valid compliance methods. The company must reduce prices and deposit the profiteered amount with interest into Consumer Welfare Funds.
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