Raja Abhishek For NIRC 2024
3 months ago
๐๐๐ฆ๐ง๐๐ง ๐๐๐ฑ๐ฒ๐ฟ๐ฎ๐ฏ๐ฎ๐ฑ ๐ฅ๐๐น๐ถ๐ป๐ด ๐ผ๐ป ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ ๐ง๐ฎ๐ ๐๐ฒ๐บ๐ฎ๐ป๐ฑ ๐ฎ๐ป๐ฑ ๐ฅ๐๐ ๐๐ผ๐ป๐๐๐น๐๐ฎ๐ป๐ฐ๐ ๐๐ต๐ฎ๐ฟ๐ด๐ฒ๐ ๐ข The Tribunal held: "Expenses incurred for services like Provident Fund consultancy, ROC filing, and RTA charges, not received from an advocate or firm of advocates, do not attract service tax under Reverse Charge Mechanism (RCM)."
๐ ๐๐ฎ๐ฐ๐๐: ๐๐ผ๐บ๐ฝ๐ฎ๐ป๐: Vainavi Industries Ltd. ๐๐๐๐๐ฒ: Whether the appellant is liable for service tax on the disputed services and under RCM for consultancy charges?
๐๐ฐ๐๐ถ๐๐ถ๐๐: The appellant provides โOnline Information and Database Access Serviceโ (OLIDAR) and works contracts for designing and installing networks. Service tax discrepancies were alleged due to missed filings and irregular CENVAT credit.
โ๏ธ ๐๐๐ฑ๐ด๐ฒ๐บ๐ฒ๐ป๐: The Tribunal ruled: CENVAT credit availed was proper, and no service tax was due on OLIDAR services. Consultancy expenses did not attract service tax under RCM as they were not received from advocates. The appeal was allowed, and the demand was set aside.
๐๐ฎ๐๐ฒ ๐๐ป๐ณ๐ผ๐ฟ๐บ๐ฎ๐๐ถ๐ผ๐ป: ๐ง๐ถ๐๐น๐ฒ: Vainavi Industries Ltd vs. Commissioner of Central Tax Secunderabad โ GST ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ ๐ง๐ฎ๐ ๐๐ฝ๐ฝ๐ฒ๐ฎ๐น ๐ก๐ผ. 30209 of 2018 ๐ข๐ฟ๐ฑ๐ฒ๐ฟ ๐๐ฎ๐๐ฒ: 14 December 2023 ๐ This ruling clarifies that consultancy expenses not received from advocates are exempt from service tax under RCM.
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