Raja Abhishek For NIRC 2024
about 1 month ago
ššš¦š§šš§ šš¼š¹šøš®šš® š„šš¹š¶š»š“ š¼š» šš¼š®š¹ š š¶š»š²š š£šæš¼šš¶š±š²š»š ššš»š± šš±šŗš¶š»š¶šššæš®šš¶šš² ššµš®šæš“š²š š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: "Administrative charges collected under statutory provisions do not qualify as 'consideration' for a taxable service, as there is no service provider-service recipient relationship."
š šš®š°šš: šš¼šŗš½š®š»š: Coal Mines Provident Fund Organization ššššš²: Is service tax applicable to the administrative charges collected by CMPFO? šš°šš¶šš¶šš: Collection of a 3% administrative charge from coal companies for managing a provident fund for workers, under statutory authority.
āļø ššš±š“š²šŗš²š»š: The Tribunal ruled that administrative charges collected by CMPFO for fund management are statutory and do not qualify as 'consideration' under service tax law. With no service provider-recipient relationship, there is no service tax liability. Consequently, CMPFO is exempt from service tax on these charges, and the appeal was allowed.
šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: Coal Mines Provident Fund Organization vs. Commissioner of Central Excise & Service Tax, Dhanbad š¦š²šæšš¶š°š² š§š®š šš½š½š²š®š¹ š”š¼.75540 of 2015 š¢šæš±š²šæ šš®šš²: 09 June 2023 š This ruling confirms that statutory charges collected for fund management are not liable for service tax, reinforcing the distinction between statutory function and taxable services.
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