In a developing country like India, a ‘Revenue Neutral’ Tax regime is very important and a key tool for development. The term ‘Revenue Neutrality’ is neither defined nor prescribed under the generally practiced taxation laws like Income Tax, Central Excise, Service Tax & VAT. But it does not mean that the concept is altogether a …
by CA Manoj Nahata 
Services provided by the Government or local authorities are generally not taxable as the same are covered under the negative list. However, there are certain activities which are still made taxable. Only those activities of the Government or local authorities are taxed where similar or substitutable services are provided by the private entities. The rationale …
by CA Manoj Nahata 
Service Tax on legal services has always been a matter of debate amongst the professionals and the Government. Though the Govt. was tentative in imposing service tax on legal services long back but the strong representation from the legal fraternity put its efforts on the back foot. There was always a question that when the …
by CA Manoj Nahata 
Discounts and incentives are the common feature of the any business house. Since the beginning of trade and commerce in this world, the discount and incentives were the powerful tools to attract the buyers and to boost one’s sales. In any trading or service sector the seller offer discount to the buyer either on bulk …
by CA Manoj Nahata 
The limitation period prescribed under any taxing statue plays a very important role in framing assessment, recovery of taxes etc. Service Tax law is also not an exception to the same. The tax dept. always invokes the extended period /maximum period of demand whereas the assessee contends the same on the ground of legality. Recently, …
by CA Manoj Nahata 
The audit exercise done by the Service Tax Department has gone through the judicial scanner second time within a short time span. The author remembers its article published in the very same Newsletter Volume VIII, Issue 1, February-March 2014 wherein the judgment rendered by the Hon’ble Allahabad High Court on the powers of the departmental …
by CA Manoj Nahata 
Service tax audit by the departmental officers is nowadays a common phenomenon for all the assessee. Often the departmental officers raise service tax demand which the assessee needs to pay in spite of the fact that the same was never collected from the service receiver. After making the demanded payment of service tax the assessee …
by CA Manoj Nahata 
The Finance Act, 2013 has introduced a new provision in the service tax law whereby powers have been conferred upon to the Superintendent of Central Excise to arrest a person in certain cases. The said power is provided under section 91 w.e.f.10.05.2013. As usual, the arrest provision was specifically introduced to overcome the judgment of …
by CA Manoj Nahata 
There has been a long debate on levy of service tax on restaurant service since its introduction. The author draws attention of readers on his article published in the E-Newsletter for the month of July’2013 wherein this matter was discussed. It was the Kerala High Court which took the view that the Centre has no …
by CA Manoj Nahata 
Service Tax Department is nowadays conducting Audit on a regular basis based on certain criteria/ features etc. as applicable to assessee. More or less each and every assessee falls under audit net within a time period of two to five years. There are examples where audit notices are even issued in the very first year …
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