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)
Is Opting for Section 115BAA Like a Life Sentence? Debunking the Myth
The introduction of Section 115BAA under the Income Tax Act, 1961 offered a lucrative flat tax rate for domestic companies in exchange for f...
-
Section Particulars TDS Rate Individual/ HUF (Indian Resident)(in %) TDS Rate for (NRI) in India (in %) ...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
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...
-
· SC dismisses SLP to hold that capital reduction leads to transfer of shares and exigible to capital gains taxation
-
This Tax Alert summarizes the recent Notification [1] and Circular [2] issued by Central Board of Indirect Taxes and Customs (CBIC) addr...
-
Regulatory Updates: Customs Regulations: The DGFT revised the Handbook of Procedures for the General Authorization for Export after Repair...
-
Key Points Article 13: Capital Gains Taxation Article 13(4): Exempts capital gains from taxation in India for residen...
-
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...
-
The circular of the Board dt. 28.06.1965 No. 17 (XL-36), provides for inspection fees and fees for certified copies of assessment and...
No comments:
Post a Comment