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HIGH COURT

1. Service tax payable on construction service provided by developer to land owner (Southern Properties & Promoters 2015 (30) S.T.R. 892 (Mad.)

• Background:   Service provider constructing flats under JV with land owner out of which few flats granted to land owner. No service tax paid on flats handed over to land owner citing that no consideration received from land owner. Tribunal ordered for pre-deposit.
• Issue: Whether developer is liable to pay service tax on...

After removing the concept of Education cess (EC) and Secondary & Higher Education cess (SHEC) on taxable services, service providers were not clear about treatment of Cenvat credit lying unutilised in form of Cess which paid on inputs, capital goods and input services.   

To address this issue, the CBEC vide notification no. 22/2015-CE (N.T.) dated 29 October, 2015 amended Cenvat credit provisions to allow the following for payment of service tax:   

1. Credit of EC/ SHEC...

HIGH COURT

1. Credit of duty paid on installation of telecommunication towers is not eligible (Vodafone India Ltd. vs CCE, Mumbai-II 2015 (40) STR 422 (Bom)

• Background: Appellant engaged in business of providing telecom service availed credit on set up of telecommunication towers. Tribunal disallowed credit of duty paid on tower parts/ green shelter on the ground that these are ‘immovable property’, hence do not qualify as ‘capital goods’ or ‘inputs’. 
• Issue:...

There were indications during last few months that the government could come up with scheme to facilitate exporters for speedy disbursement of refund claim blocked since many years. The Government has chosen auspicious day of Diwali to shower ‘Dhan’ on the service providers in the form of announcing simplified scheme for liquidating accumulated credit . It is a welcome step by government complementing its initiative of ease of doing business in India, but the success of the same would...

Background:

Under the negative list based taxation, service tax is leviable on all services, other than those covered in negative list or a subject matter of exemption. There is no blanket exemption to the services which are provided in port. In this backdrop we examine what is port service and what are the service tax implications of port services under negative list based taxation

What is meant by term ‘port’?

Section 65B (38) sets out "port" has the meaning assigned to it in...