SIGN IN SUBSCRIBE

News Update

CDS Gen Anil Chauhan to chair Parivartan Chintan - IICus - Warehousing of imported solar panels/solar modules - Instruction dated 9 th July 2022 appears to travel far beyond the advisory and clarificatory function which stands placed in the Board by virtue of s.151A of CA, hence quashed: HCPhase III: EC records 65.68% voter turnoutCus - Petitioner had opted for conversion from a less rigorous procedure of availing Duty Drawback Scheme to a more rigorous procedure under Advance Authorisation Scheme and as per Circular 36/10-Customs, same was not possible: HCDRDO organises two-day National Symposium & Industry Meet on 'Emerging TechnologiesCX - Respondents cannot go beyond the Reward Scheme as no discretion is vested with them to release any amount towards the reward, before finalization of the proceedings against assessee: HCGST - Petitioner is given liberty to manually file an appeal against impugned order regarding transitional credit of SGST for which they had valid evidence for payment of VAT of same amount: HCGST - For the period for which return was filed, registration cannot be cancelled retrospectively: HCHas Globalisation favoured capital more than labour? Can taxing super-rich help?GST - SC asks Govt not to use coercion for recovering arrearsChanging Tax Landscape in IndiaPrivate equity funds pouring in India’s healthcare sectorInterpretation of StatutesGoogle, Microsoft move Delhi HC against order to erase non-consensual intimate images16th Finance Commission invites views from general public on terms of referenceEvery party committed to ensure PoK returns to India; Jaishankar695 candidates to contest LS elections in Phase 5Astronomers’ efforts lead to discovery of a rocky planet with atmosphereCSIR hosts Student-Science Connect program on Climate ChangeVolkswagen asks EU not to raise tariffs on EVs from ChinaI-T - Assessee given insufficient time to file reply to Show Cause Notice; assessment order quashed; matter remanded for reconsidering assessee's replies: HCChina blocks imports from Intel & QualcommI-T - Assessee has 5 email IDs & responded to communications received on one of these IDs; Assessee cannot claim to have been denied an opportunity of personal hearing before passing of order: HCRecord rainfall damages over 1 lakh homes in Brazil; over 100 lives lostI-T- Additions framed u/s 68 r/w Section 115BBE are unwarranted where assessee duly explains nature & source of cash receipts, through sufficient documentation: ITATRussia bombards Ukraine’s power supply; Serious outages fearedI-T- Re-assessment cannot be resorted to beyond 4 years from end of relevant AY, where assessee has not failed to file ITR or to make full & true disclosure of facts necessary for assessment: ITATIndia received foreign remittance of USD 111 bn in 2022, says UNI-T- Receipt of subscription fees can't be considered as commercial activity: ITATPitroda resigns as Chairman of Indian Overseas Congress over racist remarkST - In case of payment received through cheque, it is the date of honouring cheque, which has to be construed as date of receipt of advance payment and since amount was received by appellant on or after appointed date, appellant would not be entitle to benefit of exemption notification: CESTAT86 flights of AI Express cancelled as crew goes on mass sick leaveCus - When undervaluation of goods is alleged solely based on value of contemporaneous imports, all details relating to such imports are to be necessarily established by Revenue: CESTAT
 
ST - Appellant undertakes cleaning services for educational institutions - Demand raised for ST payment under ‘Supply of Manpower Services' - as per S 65(24b), cleaning services undertaken in respect of non-commercial buildings and premises are not liable to ST - stay granted: CESTAT

By TIOL News Service

MUMBAI, OCT 26, 2013: THE appellant had undertaken cleaning services for various educational institutions of the D.Y.Patil Group.

The Revenue took a view that this activity rendered during June, 2005 to April, 2008 is chargeable to Service Taxunder ‘Supply of Manpower Services' and raised a demand of Rs.39 lakhs.

The lower authorities got the demand cleansed by confirming the same along with penalty and interest and, therefore, the appellant is before the CESTAT with a Stay application.

The appellant submitted that the activity is excluded from the scope of cleaning service as defined u/s 65(24b) r/w s. 65(105)(zzzzd) of the FA, 1994 and hence the demand is not sustainable.

The Bench observed -

"4. We have heard both sides. We have also perused the bills raised by the appellant on the service recipient and these bills indicate that the charges have been made for cleaning work of the premises or the gardening works in the premises of D.Y.Patil Educational Institution. As per Section 65(24b), cleaning services undertaken in respect of non-commercial buildings and premises are not liable to Service tax. Similarly, such services rendered to agriculture, horticulture, animal husbandry or dairying is also excluded from the purview of Service Tax. Prima facie we find that the appellant has made out a case for waiver of pre-deposit. Accordingly, we grant unconditional waiver from pre-deposit of the dues adjudged against the appellant and stay recovery thereof during the pendency of the appeal."

In passing: Now, where do you classify this activity of issuing SCNs and passing O-i-O & O-in-A which are barely able to withstand the rigors of higher appeal - frivolous services!

(See 2013-TIOL-1588-CESTAT-MUM)


POST YOUR COMMENTS
   

TIOL Tube Latest

TIOL Tube
Shri N K Singh, recipient of TIOL FISCAL HERITAGE AWARD 2023, delivering his acceptance speech at Fiscal Awards event held on April 6, 2024 at Taj Mahal Hotel, New Delhi.

TOP NEWS

AR not Afar by SK Rahman

VISION 360



Shri Ram Nath Kovind, Hon'ble 14th President of India, addressing the gathering at TIOL Special Awards event.

TII LATEST

TIOLCORPLAWS LATEST