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Service Tax Order No. 1- Last date for filing of service tax return extended to 20th January 2012 (Click for detail)
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Committee for drafting the National Competition Policy (Click for detail)
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Taxability of Home Loans and Income From Property Changes Under DTC (Click for detail)
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Jewellery in Branded Packs to be Taxed Too (Click for detail)
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Firm Fixed Income Tax tribunal for getting favourable orders passed: CBI (Click for detail)
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State FMs Nod to Negative GST List (Click for detail)
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Tally Launches E-filing In XBRL Format (Click for detail)
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RBI - Union Budget – 2011-12 – Interest Subvention Scheme – 2 per cent interest subvention and 3 per cent additional subvention for short-term crop loans in 2011-12 (Click for detail)
II. Recent Updates:
1. U. P. State Road Transport Corporation (UPSRTC) Vs. Commissioner of Central Excise & Service Tax Lucknow, CIVIL APPEAL NO. 465 OF 2011, Supreme Court of India, dated : 12.01.2011 (In favour of Revenue)
Brief Fact of the Case:
(a) UPSRTC had taken buses on rent for carrying of passengers from private bus operators under individual contracts.
(b) Department requested UPSRTC to supply list of all contractual assignments entered into with said private parties.
(c) UPSRTC challenged said communication of department on ground that by impugned order, department had imposed service tax on buses hired by UPSRTC.
(d) Department contended that no service tax had been imposed on buses owned and possessed by UPSRTC and that service tax was payable by bus owners whose buses had been given on rent to UPSRTC.
Held:
In that view of the matter, we find no reason to interfere with the order passed by the High Court holding that the appellant has no locus standi to file the present appeal as also the writ petition. Since payment of such tax is demanded from the private bus operators, if anybody is really aggrieved, it is the private bus operators. In our considered opinion, if any challenge is to be made to such notice issued by the respondents, the same has to be done by the aggrieved party like the private bus operators.
(Please click here for judgment)
2. Union of India Vs. Indian National Shipowners Association, CIVIL APPEAL NO. 10227 OF 2010, Supreme Court of India, Judgement dated : 01.12.2010 (In favour of assesse)
Substantial Question of Law:
a. Whether the services provided by the respondent/assesse as given in para 4 of the judgement were provided in relation to mining of mineral, oil or gas [Section 65(105)(zzzy)].
Held:
None of the aforesaid entry in the Schedule could be strictly said to be a service rendered in relation to mining of mineral, oil or gas. Therefore, we find justification in the findings arrived at by the High Court to the aforesaid extension. The nature of work which are set out in the Schedule at P. 200 of the Paper Book cannot be said to be even remotely connected and included within the ambit of the aforesaid expression as found in section 65(105) Entry No. zzzy and, therefore, we affirm the order of the High Court to the aforesaid extent by looking into the facts in issue only.
(Please click here for judgment)
3. [ Contribution by CA Puneet Goyal, and contributor is available at email-id: capuneetgoyal.delhi@gmail.com ]
An Article - ANALYSIS OF RESTAURANT SERVICES INTRODUCED BY FINANCE ACT, 2011
(Please click here for detail)
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