Raja Abhishek For NIRC 2024
2 months ago
๐๐๐ฆ๐ง๐๐ง ๐๐ต๐บ๐ฒ๐ฑ๐ฎ๐ฏ๐ฎ๐ฑ ๐ฅ๐๐น๐ถ๐ป๐ด ๐ผ๐ป ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ ๐ง๐ฎ๐ ๐๐ถ๐ฎ๐ฏ๐ถ๐น๐ถ๐๐ ๐ณ๐ผ๐ฟ ๐ฆ๐๐ฎ๐๐๐๐ผ๐ฟ๐ ๐๐ฒ๐๐ถ๐ฒ๐ ๐ข The Tribunal held: "Amounts collected by the Gujarat Maritime Board as a statutory levy are exempt from service tax, and no service tax liability arises on these charges."
๐ ๐๐ฎ๐ฐ๐๐: ๐๐ผ๐บ๐ฝ๐ฎ๐ป๐: Gujarat Maritime Board, a governmental body of the State of Gujarat. ๐๐๐๐๐ฒ: Is service tax applicable on plot development charges collected as a statutory levy? ๐๐ฐ๐๐ถ๐๐ถ๐๐: Collected amounts from ship breakers at Alang under "user development fee" for plot allotments.
โ๏ธ ๐๐๐ฑ๐ด๐ฒ๐บ๐ฒ๐ป๐: The Tribunal ruled that fees collected by the Gujarat Maritime Board and directed to the Stateโs Consolidated Treasury Fund are statutory levies, exempt from service tax. Additionally, the 2013 show cause notice was time-barred due to prior disclosure by the Board in 2009. The appeal was allowed, confirming no tax liability.
๐๐ฎ๐๐ฒ ๐๐ป๐ณ๐ผ๐ฟ๐บ๐ฎ๐๐ถ๐ผ๐ป: ๐ง๐ถ๐๐น๐ฒ: Gujarat Maritime Board vs. C.C.E. & S.T.-BHAVNAGAR ๐ฆ๐๐ฅ๐ฉ๐๐๐ ๐ง๐๐ซ ๐๐ฝ๐ฝ๐ฒ๐ฎ๐น ๐ก๐ผ. 10722 of 2017 ๐ข๐ฟ๐ฑ๐ฒ๐ฟ ๐๐ฎ๐๐ฒ: 22 September 2023 ๐ This ruling clarifies that state-collected statutory levies are not subject to service tax, especially when clearly disclosed to tax authorities.
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