CESTAT allows assessee’s
appeal, holds rejection of declaration filed under Service Tax Voluntary
Compliance Encouragement Scheme (VCES) on ground of mis-classification of
services as unsustainable; Notes that, while assessee categorised activity of
construction of residential and commercial complexes under 'construction of
complex service' and claimed abatement benefit under Notification No. 26/2012,
Revenue sought to disregard the declaration and classify said activity as
‘works contract service’ on ground that same were so disclosed for VAT
assessment purpose; Remarks, “(VCES) was framed by the Government with the
intention of encouraging voluntary compliance and payment of service tax” and
“declarations made under such scheme were to be accepted, by and large”;
Observes, total amount of consideration received has not been found to be
different from what was declared and Revenue has not produced any contract or
document indicating that assessee did not make full declaration of service tax
liability for the disputed period; Further, taking note of assessee's
contention that definition of works contract service under VAT law and Finance
Act, 1994, is different, holds that, different interpretation on classification
of services does not tantamount to substantial misdeclaration : Bangalore
CESTAT
Subscribe to:
Post Comments (Atom)
Kolkata ITAT holds Husband's HUF not falling in the definition of ‘Relative’ of a Wife for gift-tax purposes under Income-tax
Kolkata Tribunal has recently ruled that HUFs cannot be treated as “relatives” under the gift-tax provisions of the Income-tax Act, thereb...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Introduction: ADR’S, GDR’S: These are commonly known as Depository Receipts (‘DR’), a negotiable security issued outside India by a deposi...
-
In the case of "Maya Gopinathan vs Anoop SB 2024 INSC 334," the Hon'ble Supreme Court provided insightful guidance on the de...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
In Standard Castings Private Limited v. ITO , the Hon’ble ITAT Delhi allowed the assessee’s appeal and set aside a demand that had continu...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
The Approving Panel under General Anti-Avoidance Rules (GAAR), in a landmark direction, has characterized the demerger of Digital, Media a...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
Key Notes: Transfer pricing relates to the pricing of transactions (such as transfer of goods, services, intangibles and funds) that t...
No comments:
Post a Comment