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2015 (1) TMI 1049 - CESTAT NEW DELHI The Tribunal upheld the taxability of various revenue streams of the Airport Authority of India (AAI) under Section 65(105)(zzm) of the Finance Act, 1994, including both traffic and non-traffic revenue. It remanded the issue of Route Navigation Facility Charges (RNFC) and Terminal Navigation Landing Charges (TNLC) for further adjudication to determine their taxability. The Tribunal also set aside penalties imposed on AAI under Sections 76 and 77, citing reasonable cause for non-payment. The case was disposed of with directions to quantify the service tax liability for specific periods.
FINANCE BILL, 2013 - PROVISIONS RELATING TO INDIRECT TAXES The Finance Bill, 2013 introduces several amendments to indirect taxes, specifically customs, excise, and service tax. Key changes include amendments to the Customs Act, 1962, such as electronic filing of import/export manifests, reduced interest-free periods for import duty payments, and non-bailable offenses for certain customs violations. The Customs Tariff Act sees adjustments in tariff rates for various goods, including automobiles and metals. Excise duty changes involve increased rates for SUVs and cigarettes, and exemptions for specific textiles and ships. Service tax amendments include retrospective exemptions for Indian Railways and adjustments to exemptions for charitable organizations and restaurants. An amnesty scheme encourages voluntary compliance for non-filers.
FINANCE BILL, 2013 - PROVISIONS RELATING TO INDIRECT TAXES The Finance Bill, 2013 introduces several amendments related to indirect taxes, primarily focusing on customs, excise, and service tax. Key changes in customs include amendments to the Customs Act, 1962, such as electronic filing of manifests, provisional attachment of property, and changes in duty rates on various goods. The excise duty amendments include increased penalties for duty evasion and changes in duty rates on automobiles, metals, and textiles. Service tax amendments involve changes in definitions, penalties, and exemptions, with an amnesty scheme introduced for non-compliant service providers. The bill also extends the scope of advance ruling and rationalizes various exemptions and abatements.
Mega exemption notification The Government of India issued Notification No. 25/2012 on June 20, 2012, exempting certain services from service tax under the Finance Act, 1994. Key exemptions include services provided to the United Nations, healthcare services by clinical establishments, transportation of patients, services by veterinary clinics, and charitable activities. Additional exemptions cover educational services, legal services to specific entities, services related to religious activities, and certain construction services. The notification also lists exemptions for services related to insurance, transportation, and specific government services. The notification aims to alleviate the service tax burden on essential and public interest services.
2024 (8) TMI 1507 - CESTAT AHMEDABAD The court held that the appellant, an external contractor operating a canteen within a factory, is entitled to the service tax exemption under Notification No. 25/2012-ST. The court interpreted the notification to apply to the service of food and beverages within factory premises, regardless of whether the canteen is operated by the factory owner or an outside contractor. Consequently, the demand for service tax was deemed unsustainable, and the appeal was allowed, setting aside the impugned order.
2024 (7) TMI 502 - ITAT RAIPUR The CIT(A) deleted the addition of Rs. 7 crores as unaccounted business income, finding the AO's approach unjustified and accepting the retraction of a statement under Section 132(4). The completed books of accounts and the MOU were deemed genuine. The ITAT upheld the CIT(A)'s decision, dismissing the revenue's appeal, confirming that the assessment order was valid, and rejecting the double taxation concern.
2020 (10) TMI 1219 - GUJARAT HIGH COURT The court upheld the constitutional validity of Section 386(2) of the GPMC Act, rejected the argument that license fees were akin to a tax, and refrained from ruling on the alleged arbitrariness and excessiveness of the fees. The petitioners were advised to challenge the fee quantum before the State Government. The petitions were dismissed without costs.
2020 (3) TMI 364 - Supreme Court The court held that despite virtual currencies (VCs) not being legal tender, they have the potential to function as a medium of exchange, unit of account, and store of value, giving RBI the power to regulate or prohibit activities involving VCs to protect the financial system. The court found RBI's decision to monitor VCs since 2013 and issue warnings was not hasty, properly exercised, and not vitiated by malice. However, the court set aside the circular due to lack of consideration of less intrusive measures and actual harm to regulated entities, emphasizing the need for proportionality in regulatory actions.
Canteen Service Provider A canteen service provider queried about the applicability of service tax on invoices from a third-party caterer, Ganesh Catering, operating within their factory canteen. The discussion referenced the Finance Act, 1994, and amendments to the Mega Exemption Notification, which exempts services provided by factory canteens with air-conditioning or central heating under certain conditions. Replies clarified that service tax exemptions apply to canteens maintained by employers, not third-party contractors like Ganesh Catering. The original inquirer acknowledged the clarification provided in the discussion.
2013 (6) TMI 727 - ITAT JODHPUR The Tribunal partly allowed the appeal of the assessee, granting relief on various grounds including treating receipts from the sale of land as long-term capital gain, deletion of disallowance of interest, and exemption for slump sale of business. The Tribunal directed the AO to adopt the actual sales consideration for determination of the cost of acquisition of land and to allow the correct amount of brought forward losses and depreciation. The disallowance of expenses for payment received through credit cards and levy of interest under section 234B were upheld.
2012 (7) TMI 190 - GUJARAT HIGH COURT The court quashed the impugned amendment to the extent that it should not have retrospective effect detrimental to any of the assessees. The writ applications were disposed of accordingly, with no order as to costs.
Exemptions. The CBEC's guide on service tax exemptions outlines various scenarios where services are exempt from taxation. Exemptions include services to specific international organizations, recognized health care systems, certain governmental authorities, and registered charities. Services related to religious ceremonies, legal services by advocates, and recreational coaching are also exempt. Construction services for government or religious buildings, as well as certain copyright and artistic activities, are not taxable. The guide details conditions under which exemptions apply, such as the nature of the service, the recipient, and the service provider's location. It emphasizes the importance of verifying eligibility for exemptions and clarifies tax liabilities in various contexts.
SERVICE TAX ON RESTAURANT SERVICES The Finance Act, 2011, effective from May 1, 2011, imposed a service tax on air-conditioned restaurants with licenses to serve alcoholic beverages. This tax applies to services related to serving food and beverages, including alcoholic drinks. The law allows a 70% abatement on the gross amount charged, excluding sales of goods at MRP, home delivery charges, and tips. The Central Board of Excise and Customs clarified that the tax targets high-end restaurants where service is a significant component of the experience. Restaurants must pay service tax on 30% of the taxable value after claiming the abatement.
2024 (12) TMI 409 - CESTAT NEW DELHI The tribunal ruled in favor of the appellant, setting aside the order-in-appeal and the service tax demand. It determined that advertising expenses were not includable in the taxable value of Franchise Services, the extended period of limitation was improperly invoked, and Rule 5 of the Service Tax (Determination of Value) Rules, 2006 was wrongly applied.
2022 (5) TMI 968 - Supreme Court The SC dismissed the appeals, upholding the validity of GST notifications under Sections 5(3) and 5(4) of the IGST Act, allowing the designation of recipients for reverse charge. However, the Court found the levy invalid as it violated the principle of composite supply, resulting in double taxation. The Court emphasized that GST Council recommendations are persuasive but not binding, and the notifications were a legitimate exercise of delegated legislation. The import of goods on a CIF basis was deemed a taxable event, with the importer as the recipient of shipping services.
2021 (11) TMI 834 - CESTAT MUMBAI The tribunal allowed the appeals, setting aside the demands for service tax, interest, and penalties. The decision was based on interpreting Notification No. 14/2013-ST and classifying the service as "Service provided by a canteen," entitling the appellants to exemption. Previous decisions, including those affirmed by the Supreme Court, supported this conclusion.
2019 (9) TMI 232 - ITAT DELHI The Tribunal dismissed the grounds challenging the reassessment proceedings under Section 147 of the Income Tax Act for the years 2004-05 to 2010-11. Regarding the existence of a Permanent Establishment (PE) under the India-Korea DTAA, the Tribunal directed the Dispute Resolution Panel (DRP) to re-examine the issue. The Tribunal also instructed the DRP to reconsider the attribution of profits to the alleged PE if found to exist. The Tribunal did not address the levy of interest or the initiation of penalties, focusing primarily on the reassessment and PE issues. The appeals were set aside for the DRP to further investigate and decide accordingly.
2019 (3) TMI 1017 - KERALA HIGH COURT The court held that the supply of medicines, implants, and consumables by hospitals to in-patients during medical treatment does not amount to a 'sale of goods' under the Kerala Value Added Tax Act. It emphasized that such transactions are part of the overall service of providing medical care, following the dominant nature test. The court distinguished these transactions from taxable sales under Article 366(29A) and overturned previous decisions suggesting otherwise. The matter was referred back to the Division Bench for case-specific review.
Goods and GST Bill passed The discussion on the Goods and Services Tax (GST) Bill highlights its passage in the Rajya Sabha on August 3, 2016, and the subsequent debates and updates regarding its implementation. The GST aims to create a unified tax system by subsuming various indirect taxes. Key issues include the determination of tax rates, with a proposed revenue-neutral rate of 15-15.5% and a standard rate of 17-18%. The GST Council, led by the central finance minister and state finance ministers, is tasked with finalizing these rates. The discourse also covers the challenges of increased compliance, the need for IT infrastructure, and the impact on different sectors. The rollout target was initially set for April 1, 2017, but was later adjusted to July 1, 2017, to allow for smoother transition and preparation.
2016 (2) TMI 1121 - SECURITIES AND EXCHANGE BOARD OF INDIA The court found that the Company's schemes constituted Collective Investment Schemes (CIS) under section 11AA of the SEBI Act. SEBI's jurisdiction over the Company's schemes was upheld, and the Company and its directors were found to have violated relevant provisions. The Company's request to follow regulation 73 of the CIS Regulations was denied. The Company and its directors were directed to wind up the CIS, refund investors, and face restrictions in the securities market. Non-compliance could lead to further legal actions, including winding up the Company.
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