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Home News Commentaries / Editorials Month 6 2008 2008 (6) This

Whether an activity of preparing identity cards for the electors for purpose of election is chargeable to service tax?

24-6-2008
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The answer is no.  Relevant decisions are as follows:

 

1

C. C., C. E. & S. T., HYDERABAD-II Versus C. S. SOFTWARE ENTERPRISES LTD. - 2008 TMI - 4236

 

Dated: December 20, 2007 - CESTAT BANGALORE,

 

Service Tax - Activity of preparing identity cards for the electors for purpose of election on behalf of Election Commission of India - Revenue proceeded to consider the activity to come within the ambit of 'Photography Services' - assessee's contention that the issue of identity cards was a sovereign function in terms of the Constitution of India and the same cannot be brought within the ambit of Service Tax, is sustainable - issue is fully decided in assessee's favour - no merit in this appeal so rejected

 

 

2

ELECTRICAL INSPECTORATE, GOVT. OF KARNATAKA Versus C.S.T - 2008 TMI - 3442

 

Dated: October 31, 2007 - CESTAT, BANGALORE

 

Service Tax - Appellant, State Govt Dept carrying on sovereign activity of inspection and certification of electrical installations - In view of Circular 18.12.06, sovereign function cannot be subject matter of Service Tax - beneficial Circular will have retrospective effect - bonafide belief, demand time-barred

 

 

3

BAJARANG INFOTECH SYSTEMS PVT. LTD. Versus COMMR. OF C. EX., HYDERABAD-Il - 2007 TMI - 1922

 

Dated: April 17, 2007 - CESTAT, BANGALORE

 

Service Tax - Stay/Dispensation of the deposit - Revenue contended that appellant activity of production of Electoral Photo Identity Cards & Bus passes is covered under photography services and accordingly demand of service tax were made - Held that revenue contention was not correct and allowed waiver of pre-deposit to appellant

 

 

4

COMMISSIONER OF CUS. & C. EX., HYDERABAD-II Versus CMC LIMITED - 2007 TMI - 1851

 

Dated: July 23, 2007 - CESTAT, BANGALORE

 

Service Tax - Photography service - Revenue contended that the appellant activity of issue of Electors Photo identity is covered under 'Photography service' - Held that revenue contention is not correct

 

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