News Update

WIPO data shows Chinese inventors filing highest number of AI patentsManish Sisodia’s judicial custody further extendedCus - Export of non-basmati rice - Notification 20/2023 insofar as it denies the benefit of the transitional arrangement as contained in para-1.05 of the FTP 2023, is bad in law: HCCus - Refund of SAD - 102/2007-Cus - Areca Nut and Supari are one and the same - Objections with regard to name, nature and status of importer or buyers or the end use of goods purchased by them etc. are extraneous: HCCX - Interest on Refund - Since wrong order annexed by petitioner in paper book, Bench is unable to proceed further - Petition is dismissed with liberty to file a fresh one: HCGST - No E-way bill - When petitioner imports machinery and after Customs clearance, transports same to his own factory, it cannot be said that such a transportation would fall within the definition of term 'supply' - Penalty imposable under second limb of s.129(1)(a): HCGST - Fix responsibility on officers who allowed BG to lapse - Petitioner not justified in not renewing BG - Cost of Rs.15 lacs imposed, to be paid to PM Cares Fund: HCGST - Since the parties agree that petition can be disposed of on the basis of records available before Appellate Authority, petitioner is directed to enclose all documents filed before Appellate Authority in a compilation, in form of a paper book: HCWrong RoadST - Whether any service is used for personal consumption or not is certainly question of fact and being question of fact, no substantial question of law arises: HCGovt proposes to amend Geographical Indication of Goods Rules; Draft issued for feedbackST - If what has been paid as tax is without authority of law, Revenue should refund the same - Denial of credit would result in the whole exercise being tax neutral: HCWarehousing Authority notifies several agri goods to be stored in only registered warehousesST - Even if the petitioner may have a case on merits, it is best left to be decided by the Appellate Authority under the hierarchy prescribed under the FA, 1994: HCUS FDA okays Eli Lilly Alzheimer’s drugGST - Petitioner challenges jurisdiction of assessing officer - Petitioner is entitled to file an appeal u/s 107 by availing an alternate efficacious remedy: HCFive from Telangana killed in car accident on Pune-Solapur HighwayGST - Existence of an alternative remedy is a material consideration but not a bar to the exercise of jurisdiction: HCHush money case against Donald Trump - Sentencing deferred to Sept 18GST - It is open to a trader to take goods by whichever route he opts, unless the law otherwise requires, destination point being intact: HCDeadly hurricane Beryl smashes properties in JamaicaIsrael claims 900 militants killed in Rafah since May monthGST - Order expressly records that personal hearing notice was returned with endorsement 'no such person at address' - Since petitioner has shifted to a new premises, it is just and necessary to provide an opportunity to contest demand: HC116 die in stampede at UP ’Satsang’I-T- Application for revision of order dismissed in limine on grounds of delay; case remanded for re-consideration: HCWe are deepening economic ties with India, says US official8 Dutch engineers build world’s longest bicycle - 180 feet, 11 inchesRailways earns Rs 14798 Crore from Freight loading in June monthMoD inks MoU to set up testing facilities in Unmanned Aerial System in TN Defence Industrial CorridorI-T- TDS credit can be allowed based on AIS, where details pertaining to TDS, advance tax & other payments are reflected in Form 26AS: ITATVaishnaw to inaugurate Global IndiaAI Summit 2024
 
Service Tax - Some more abatement please

TIOL-DDT 1308
26.02.2010
Friday

THE value for service tax in most cases is the gross amount charged, but in several cases there is an exemption popularly known as abatement. This is on the assumption that the gross amount charged includes several charges and expenses. So a hotel pays Service tax only on 60% of the bill, travel operator pays only on 25%; so does DTA. Even a chit fund company gets a 30% exemption.

But there are certain well deserving services crying for this abatement. Security Agency and Commercial coaching and training centres, just to name two.

The plight of the Security agencies is really pathetic. Many of these agencies are run by upright retired military officers who do not know the vile of civil society and almost all of them have service tax cases against them, because they do not know how to treat the tax officials. These agencies are providing a great service to the nation by providing employment to a large number of poor ex-service men. And they provide trained discipline security personnel for the trade and industry. But at the end of the day, these brigadiers and captains who commanded battalions are now standing for hours together outside the offices of Central Excise officers who have summoned them to record their statements for having intentionally evaded service tax. These soldiers who were ready to die for the country, are now scared of Service tax officers. And at the end of the day they end up making losses in their business as all ex-servicemen do.

They are supposed to pay service tax on the gross amount charged. Suppose this is Rs. 5000/ per security man per month. Usually the contract is an all inclusive one including service tax. From this, the security agency has to pay the salary of the person, provide for ESI, PF, provide him uniforms and has to incur a host of expenditure. His margin maybe just a couple of hundreds and he has to pay service tax on the whole amount. Why he doesn't get an abatement like the more powerful transporter or hotelier, is a mystery. They deserve a rich abatement. Pranab Babu was defence minister and he should be a little more kind to these unfortunate businessmen who really do not know how to do business.

Before parting ....

BUDGET speeches are usually long and boring except for the tax proposals. If the tax proposals are announced in the beginning of the speech, nobody will bother to listen to the whole text. However Finance Ministers or their speech writers try to spice up the speeches with a joke here and a quote there. Generally towards the end of their hard labour, Finance Ministers tend to become emotional and they would end their speeches with profound wisdom drawn from anywhere between Vedas to bollywood films. TIOL has compiled some of these bits of wisdom staring from the first post independence budget speech to Pranab babu's latest budget.

Please see Before parting in Budget 2010-11

Budget with TIOL

BE with us for the Budget - we will bring you in depth analysis of every aspect of the budget from authoritative experts in the field, in the next few days. Though the budget is followed by three holidays, we will be working to bring the best of budget to you.

Happy Budget.

DDT will be back on Tuesday

Have a nice Weekend and Holi

Mail your comments to vijaywrite@taxindiaonline.com

TIOL Tube Latest

India's Path to Becoming a Superpower: An Interview with Pratap Singh



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