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Service Tax - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

Liability for service tax u/s 66E of the Finance Act for ...


Notice Pay recovered from employees for quitting early is not liable to service tax.

Case Laws     Service Tax

August 16, 2024

Liability for service tax u/s 66E of the Finance Act for 'tolerating an act' - Notice Pay, i.e., amount recovered from an employee for quitting before the prescribed period, is not liable to service tax. This is based on the decision in C.S.T. -SERVICE TAX - AHMEDABAD VERSUS INTAS PHARMACEUTICALS [2021 (6) TMI 906 - CESTAT AHMEDABAD], where it was held that the amount recovered from an employee for quitting without serving the notice period is not subject to service tax. Consequently, the impugned order is unsustainable, and the appeal is allowed.

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