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Indirect Tax News Update - Volume II Issue VIII, August 2015
Finance Ministry has clarified that the service charges collected by Restaurants, Ho- tels and / or Eateries are not ‘Service Tax’ collected on behalf of Central Govt. The Ministry elucidated that such charges are retained by Restaurants / Hotels / Eat- eries and not imposed by Govt. The press release reiterates that effective service tax rate applicable on restaurant, eating joint or mess having facility of air-conditioning or central air-heating in any part of the establishment is 5.6% (14% of 40%) of total amount charged.
Author : BSA Taxation Team
Date : August 5, 2015
 
 
Indirect Tax News Update - Volume II Issue VII, July 2015
With regard to services provided in relation to serving of food or beverages by a restaurant, eating joint or a mess, having the facility of air-conditioning or central air heating in any part of the establishment, the Government of India has issued a circular
No. 184/3/2015-ST dated June 03, 2015. 
Author : BSA Taxation Team
Date : July 2, 2015
 
 
Indirect Tax News Update - Volume II Issue VI, June 2015
CESTAT LB, in Lanco Infratech Ltd & Others vs. CC, CCE & ST has held that laying of pipelines / conduits for lift irrigation systems and involving associated activities like trenching, masonry work, are taxable as ‘Commercial or Industrial Construction Service’ (CICS) prior to June 2007, and not ‘Erection, Commissioning or Installation Service’ (ECIS).
Author : BSA Taxation Team
Date : June 1, 2015
 
 
Indirect Tax News Update - Volume II Issue V, May 2015

Mumbai Tribunal in the case of Reliance Infratel Ltd v CST allowed the appeal filed by assessee, and held that inputs used for erection of Telecom Towers cleared as goods from the supplier & covered under "Capital Goods" and defined under Rule 2(a)(A) (i) of Cenvat Credit Rules, 2004 were admissible as credit under Rule 2(k) (ii) for providing output service i.e., Business Support Service.


Author : BSA Taxation Team
Date : May 1, 2015
 
 
Indirect Tax News Update - Volume II Issue IV, April 2015
In a recent case, Muthoot Finance Ltd. vs. Union of India & Others, Kerala HC allowed assessee‟s writ by holding that assessees are not liable to pre-deposit 7.5% of confirmed tax, after referring to prima facie view taken by Division Bench of Telangana & AP HC that, inasmuch as the lis in question commenced prior to introduction of amendment to Finance Act with effect from August 2014, assessee's right of appeal as per the erstwhile provisions of law would not be affected by provisions introduced in 2014. 
Author : BSA Taxation Team
Date : April 1, 2015
 
 
 
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