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Showing 61 to 80 of 288 Records Search Text: service tax non ac restaurants |
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2019 (8) TMI 532 - Supreme Court The court upheld the constitutional validity of amendments to the Insolvency and Bankruptcy Code, 2016, classifying allottees of real estate projects as financial creditors. It deemed the classification rational and aimed at protecting home buyers' interests. The court interpreted Section 5(8)(f) broadly, including amounts raised from allottees as financial debt. It clarified that RERA and the Code offer concurrent remedies, with the Code prevailing in case of conflict. Procedural provisions ensuring allottees' representation in the CoC were upheld, allowing authorized representatives to vote on behalf of financial creditors.
2019 (6) TMI 73 - CESTAT MUMBAI The Tribunal allowed the Appeal, setting aside the penalty imposed on the Appellant under Rule 15(3) of the Cenvat Credit Rules read with Section 78(1) of the Finance Act, 1994. The penalty was overturned as there was no evidence of fraud or suppression of facts, and the error was rectified promptly by the Appellant.
LATEST 50 SOLUTIONS TO TAXPAYERS PROBLEMS (SHORT FAQ) dated 28-8-2017 The text provides answers to frequently asked questions about the Goods and Services Tax (GST) in India, addressing various scenarios such as eligibility for composition schemes, export procedures, invoicing requirements, and input tax credit (ITC) provisions. It clarifies that suppliers of both goods and services, except restaurant services, cannot opt for the composition scheme. Exporters need to submit fresh Bonds/Letters of Undertaking (LUT) after July 31, 2017. The text also discusses invoicing for exempt items, the treatment of credit notes, and the handling of free replacements. Additionally, it explains ITC eligibility, job work taxation, and GST applicability on labor charges and business asset sales.
Key 30 suggestions on Proposed Amendments in the GST Law The article discusses proposed amendments to the GST law aimed at addressing challenges faced by the industry since GST implementation. Key suggestions include refining the definition of 'supply' to avoid disputes, clarifying composite and mixed supplies, and expanding Schedule III to include certain transactions. It also suggests retrospective amendments, easing reverse charge mechanisms, and increasing composition scheme thresholds. The article proposes changes to input tax credit rules, including allowing ITC on certain blocked credits and clarifying non-taxable supplies. Other recommendations involve simplifying registration, return filing, and audit processes, and establishing a centralized authority for advance rulings to ensure consistency.
2018 (5) TMI 1762 - MADRAS HIGH COURT The court upheld the TRAI Act, 1997's regulatory authority over carriage and content to protect consumer interests. The impugned Regulations and Tariff Order were deemed valid. The TRAI Act and Copyright Act operate in separate spheres without conflict, with the 2012 Copyright Amendment not limiting TRAI's powers. "Broadcast" under the Copyright Act involves public content communication. The Cable Television Networks Act complements TRAI's regulation.
2018 (1) TMI 1215 - CESTAT CHENNAI The Tribunal ruled in favor of the appellants, a 4-star hotel, regarding the wrong availment of Cenvat credit and abatement issues. It found that the appellants were eligible for the credit under Rule 6(5) of the Cenvat Credit Rules as the input services were not exclusively used for non-taxable services. The Tribunal also held that the appellants were entitled to abatement under Notification No. 1/2006-ST as they did not avail credit on input services for specific taxable services mentioned in the notification. The demand on Convention services was upheld. The decision aligned with the broader objectives of the Cenvat Credit Rules and relevant precedents.
2017 (6) TMI 478 - Supreme Court The Court upheld the validity of Section 139AA of the Income Tax Act, citing Parliament's legislative competence under Article 246. It found the provision non-discriminatory under Article 14, justifying the mandatory linking of Aadhaar with PAN to curb tax evasion. The penal consequences were deemed proportionate under Article 19(1)(g) and not violative of privacy rights under Article 21. The Court limited the retrospective effect of the law to operate prospectively, awaiting the Constitution Bench's decision on Article 21 compliance. It partially stayed the provision to prevent immediate invalidation of PAN for non-compliance.
2016 (10) TMI 1400 - ALLAHABAD HIGH COURT The HC ruled in favor of the PIL, declaring the toll collection by Noida Toll Bridge Co. unlawful. The court found the contract awarding process violated Article 14 of the Constitution due to lack of transparency. It struck down the Concession Agreement's clauses allowing toll collection and directed cessation of toll imposition on the DND Flyover.
2016 (4) TMI 895 - KERALA HIGH COURT The Court held that the Union Parliament has the legislative competence to impose service tax on the service aspect of admission and access to amusement parks. The Amendment of 2012 in the Finance Act, 1994, removing these activities from the Negative List, was deemed valid. The Court found no conflict between the Union's power to tax services and the State's power under Entry 62 of List II, as they relate to different aspects of the transaction. Previous judicial decisions supported the Union's authority to impose service tax under the residuary entry and upheld the application of the aspect theory. The writ petitions were dismissed.
2015 (12) TMI 1470 - KARNATAKA HIGH COURT The Court upheld the Tribunal's decision that the transfer involved only the trademark, not the goodwill of the business. The amendment to Section 55(2)(a) of the Income Tax Act, which includes trademarks in the tax net, was deemed inapplicable to the relevant assessment year. The Revenue's appeal was dismissed, and the substantial legal question was resolved in favor of the assessee.
2015 (11) TMI 401 - ITAT BANGALORE The Tribunal upheld the CIT(A)'s order, determining that Bangalore International Airport Ltd. (BIAL) is a statutory body performing public functions and qualifies as a State under Article 12 of the Constitution of India. Consequently, deductions under Section 80IA(4) of the Income Tax Act were allowed. The Tribunal dismissed the Revenue's appeal, rendering it infructuous based on the High Court's judgment in the case.
Restaurant Service (Indoor/Outdoor Catering/Bundled Service) A user inquired about the applicability of Cenvat Credit for input goods, capital, and services in restaurant services, including indoor, outdoor, and bundled services, and whether air conditioning (AC) requirements apply to outdoor catering and bundled services. The response referenced a government circular clarifying that AC requirements pertain to the place of service delivery, not necessarily the service provider's location. The circular from the Ministry of Finance provides detailed guidance on these issues, highlighting that the AC condition is relevant to the service receiver's location, such as a rented tent or venue, rather than the service provider's premises.
2015 (12) TMI 470 - ANDHRA PRADESH HIGH COURT The High Court held that despite the existence of an appellate remedy under the AP VAT Act, it had jurisdiction under Article 226 to deal with the matter. The subject contracts were deemed indivisible works contracts, not divisible supply and erection contracts. The sales did not qualify for exemption under Section 6(2) of the CST Act, but fell within the ambit of Sections 3(a) and 5(2) of the CST Act. The assessment/revisional orders were set aside to the extent turnover had been wrongly taxed, with directions for fresh orders and the opportunity for statutory appeals.
2015 (10) TMI 297 - AUTHORITY FOR ADVANCE RULINGS The Authority ruled that the relationship between the club and its members constitutes a provision of 'service' under the Finance Act, 1994, making Membership fees, Annual fees, and other charges received from members liable for Service Tax. However, the Authority determined that the refundable security deposit and any interest earned on it should not be subjected to Service Tax under the provisions of the Finance Act, 1994.
2015 (8) TMI 686 - CESTAT DELHI (LB) The court clarified that services related to settlement of payments in credit card transactions did not fall under "credit card services" under Banking and Other Financial Services (BOFS) for the period before 01-05-2006. Sub-clause (iii) in Section 65(33a) was not retroactively applicable. The definition of "customer" in credit card services included merchant establishments and banks. Merchant Establishment Discount (ME Discount) retained by acquiring banks was not taxable under BOFS. The judgment provided detailed analysis of statutory provisions and legislative intent, overturning the previous decision in ABN Amro Bank.
2015 (6) TMI 252 - ITAT PUNE The Tribunal held that the Commissioner erred in invoking Section 263 of the Income Tax Act, 1961, as the assessment order was not erroneous or prejudicial to the Revenue's interests. The Tribunal found that the Assessing Officer had applied his mind and considered relevant material in assessing the lease charges. Therefore, the Tribunal set aside the Commissioner's order and restored the original assessment order, ruling in favor of the assessee.
2013 (11) TMI 1280 - ITAT BANGALORE The Tribunal overturned the cancellation of registration under Section 12A of the Income-tax Act, 1961, finding that the DIT(E) failed to meet the statutory requirements for cancellation. The Tribunal emphasized that the DIT(E) cannot re-examine the trust's objects under Section 12AA(3) and referenced the retrospective amendment to Section 2(15) by the Finance Act, 2010. The Tribunal ruled in favor of the assessee, reinstating the registration under Section 12A.
2013 (1) TMI 736 - COMPETITION COMMISSION OF INDIA The Commission mandated DLF Ltd. to amend its buyer's agreement to eliminate abusive clauses, ensuring compliance with applicable laws and fairness in terms and conditions for apartment allottees. This decision aimed to safeguard buyer rights and prevent DLF Ltd. from abusing its dominant market position. The Commission required DLF to consult with buyers to finalize a fair agreement, ensuring equitable treatment in penalties and defining force majeure appropriately. These modifications were intended to protect the rights of apartment owners and ensure compliance with relevant legal standards.
2012 (11) TMI 1192 - ITAT HYDERABAD The Tribunal upheld the Commissioner of Income Tax's decision to invoke jurisdiction under section 263 of the Income-tax Act, 1961, due to errors in the original assessment, classifying substantial renovation expenditure as capital expenditure and disallowing prior period expenses for the assessment year 2005-06. The Tribunal found the Assessing Officer's order to be erroneous and prejudicial to revenue interests, supporting the Commissioner's actions.
Taxation of Services - An Education Guide. The press release discusses the evolution of service taxation in India, starting from its inception in 1994 with a modest collection of Rs 407 crore, to Rs 97,444 crore in 2011-12. The document highlights the challenges faced due to overlaps in service categories and the lack of clarity in definitions, leading to tax leakages and litigation. The 2012 budget introduced a new taxation system known as the Negative List, where all services are taxable unless specified otherwise. This guide aims to educate taxpayers and administrators about the new system, providing guidance notes on various topics such as service definition, taxability, exemptions, and valuation.
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