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Indirect Tax News Update - Volume II Issue III, March 2015
Madras HC in the case of Southern Properties & Promoters vs. CCE dismissed the appeal filed by assessee, and held that assessee cannot plead entitlement of Notification No. 29/2007-ST benefit relating to ‘works contract’, in view of the specific admission by assessee before the Adjudicating Authority that the services provided would fall u/s 65(105)(zzzh).

Author : BSA Taxation Team
Date : March 2, 2015
Indirect Tax News Update - Volume II Issue II, February 2015

SC in the case of CCE, CC & CST vs. Kuttukaran Trading Ventures, had dismissed the Special Leave Petition (SLP) filed by Revenue challenging the taxability of repair-ing / rebuilding of parts of motor vehicles under “maintenance or repair services” u/s 65(64) of Finance Act. SC upheld the view of Kerala HC that definition of ‘management, maintenance or repair’ service excludes servicing of ‘motor vehicles’ and hence, no tax would be payable by assessee. Kerala HC had rejected Tribunal findings that exclusion would be available only if motor vehicle is brought to service centre and then dismounted for repair and not when motor vehicle dismounted at different place and engine / part thereof brought in knocked down condition to service centre for repairs. 

Author : BSA Taxation Team
Date : February 1, 2015
Indirect Tax News Update - Volume II Issue I, January 2015

CBEC vide. Notification No. 23/2014-St dated December 5, 2014, has amended Rule 5A (2) of Service Tax Rules, 1994. It has been notified that Cost accountants or char-tered accountants nominated under 72A of Finance Act, would now be authorized to demand production of cost audit reports, income tax audit report (if any) u/Sec 44AB of Income Tax Act, 1961 and other records maintained under sub-rule 2 of Rule 5, for scrutiny.

Author : BSA Taxation Team
Date : January 1, 2015
Indirect Tax News Update - Volume I Issue VI, December 2014

Division bench of Kerala HC in Kerala Bar Hotels Association & Ors., had affirmed the non-taxability of AC restaurants / hotel services. HC had upheld the single judge order and held that service tax levy on serving food & beverages in AC restaurant, hotel, inn, guest house, club or camp-site u/s 65(105)(zzzzv) & (zzzzw) of Finance Act is unconstitutional. HC observed that post 46th Constitutional amendment, supply of food & other articles for human consumption in restaurants is a ‘deemed sale’ under Art 366(29-A) and no service is involved therein. 

Author : BSA Taxation Team
Date : December 1, 2014
Indirect Tax News Update - Volume I Issue V, November 2014

Ministry of Finance vide. Circular No. 180/6/2014-ST dated October 14, 2014 has clarified on service tax levy on foreign currency transfer in India from overseas. FinMin issued detailed clarification on service tax applicability on money remittances received in India from abroad through Money Transfer Service Operator (MTSO). It has been noted that no service tax would be payable on foreign currency remitted to India from overseas since it does not constitute any service u/s 65B (44) of Finance Act, 1944.

Author : BSA Taxation Team
Date : November 1, 2014
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