@abhishekrajaram's Latest X Threads

𝗖𝗘𝗦𝗧𝗔𝗧 𝗖𝗵𝗲𝗻𝗻𝗮𝗶 𝗥𝘂𝗹𝗶𝗻𝗴 𝗼𝗻 𝗦𝗲𝗿𝘃𝗶𝗰𝗲 𝗧𝗮𝘅 𝗮𝗻𝗱 𝗦𝗽𝗼𝗻𝘀𝗼𝗿𝘀𝗵𝗶𝗽 𝗼𝗳 𝗖𝗿𝗶𝗰𝗸𝗲𝘁 𝗧𝗼𝘂𝗿𝗻𝗮𝗺𝗲𝗻𝘁𝘀 📢 𝗧𝗵𝗲 𝗧𝗿𝗶𝗯𝘂𝗻𝗮𝗹 𝗿𝘂𝗹𝗲𝗱: "It is settled that no Service Tax is payable on sponsorship of IPL and ICC cricket tournaments as the ingredients for levy of tax are not fulfilled in the absence of any provision of service and when payments were made only in relation to sponsorship of the IPL Cricket tournament."

𝗖𝗘𝗦𝗧𝗔𝗧 𝗖𝗵𝗲𝗻𝗻𝗮𝗶 𝗥𝘂𝗹𝗶𝗻𝗴 𝗼𝗻 𝗦𝗲𝗿𝘃𝗶𝗰𝗲 𝗧𝗮𝘅 𝗮𝗻𝗱 𝗗𝗲𝗹𝗮𝘆𝗲𝗱 𝗣𝗮𝘆𝗺𝗲𝗻𝘁 𝗖𝗵𝗮𝗿𝗴𝗲𝘀 📢 𝗧𝗵𝗲 𝗧𝗿𝗶𝗯𝘂𝗻𝗮𝗹 𝗿𝘂𝗹𝗲𝗱: "‘Delayed payment charges’ cannot be held as ‘consideration’ and are not subject to service tax, as they arise from unintended non-compliance rather than for services rendered."

𝗖𝗘𝗦𝗧𝗔𝗧 𝗔𝗵𝗺𝗲𝗱𝗮𝗯𝗮𝗱 𝗥𝘂𝗹𝗶𝗻𝗴 𝗼𝗻 𝗦𝗲𝗿𝘃𝗶𝗰𝗲 𝗧𝗮𝘅 𝗮𝗻𝗱 𝗡𝗼𝘁𝗶𝗼𝗻𝗮𝗹 𝗩𝗮𝗹𝘂𝗲 𝗜𝗻𝗰𝗹𝘂𝘀𝗶𝗼𝗻 📢 𝗧𝗵𝗲 𝗧𝗿𝗶𝗯𝘂𝗻𝗮𝗹 𝗿𝘂𝗹𝗲𝗱: "The value of taxable service cannot depend on the value of goods supplied free of cost by the service recipient, and notional charges for equipment usage need not be included in the taxable value."

𝗖𝗘𝗦𝗧𝗔𝗧 𝗖𝗵𝗲𝗻𝗻𝗮𝗶 𝗥𝘂𝗹𝗶𝗻𝗴 𝗼𝗻 𝗦𝗲𝗿𝘃𝗶𝗰𝗲 𝗧𝗮𝘅 𝗳𝗼𝗿 𝗩𝗲𝘀𝘀𝗲𝗹 𝗖𝗵𝗮𝗿𝘁𝗲𝗿𝘀 𝗮𝗻𝗱 𝗦𝗲𝗰𝘂𝗿𝗶𝘁𝘆 𝗗𝗲𝗽𝗼𝘀𝗶𝘁𝘀 📢 𝗧𝗵𝗲 𝗧𝗿𝗶𝗯𝘂𝗻𝗮𝗹 𝗿𝘂𝗹𝗲𝗱: "Providing vessels to a group company for export is not for transfer of right to use the vessels; therefore, no service tax is leviable under 'supply of tangible goods for use.'"

𝗖𝗘𝗦𝗧𝗔𝗧 𝗖𝗵𝗲𝗻𝗻𝗮𝗶 𝗥𝘂𝗹𝗶𝗻𝗴 𝗼𝗻 𝗦𝗲𝗿𝘃𝗶𝗰𝗲 𝗧𝗮𝘅 𝗮𝗻𝗱 𝗠𝗮𝗻𝗽𝗼𝘄𝗲𝗿 𝗥𝗲𝗰𝗿𝘂𝗶𝘁𝗺𝗲𝗻𝘁 𝗦𝗲𝗿𝘃𝗶𝗰𝗲 📢 𝗧𝗵𝗲 𝗧𝗿𝗶𝗯𝘂𝗻𝗮𝗹 𝗿𝘂𝗹𝗲𝗱: “Consideration includes any amount payable for taxable services provided or to be provided, including salary, bonus, perks, etc., paid to secondees, which constitutes manpower recruitment service and is taxable.”

𝗖𝗘𝗦𝗧𝗔𝗧 𝗖𝗵𝗲𝗻𝗻𝗮𝗶 𝗥𝘂𝗹𝗶𝗻𝗴 𝗼𝗻 𝗖𝗘𝗡𝗩𝗔𝗧 𝗖𝗿𝗲𝗱𝗶𝘁 𝗮𝗻𝗱 𝗧𝗿𝗮𝗱𝗶𝗻𝗴 𝗔𝗰𝘁𝗶𝘃𝗶𝘁𝘆 📢 𝗧𝗵𝗲 𝗧𝗿𝗶𝗯𝘂𝗻𝗮𝗹 𝗿𝘂𝗹𝗲𝗱: “CENVAT Credit cannot be availed on trading activity, and the portion of credit attributable to trading must be reversed.”

Service tax not applicable on car parking charges collected by shopping mall from visitors. Tribunal (CESTAT) Calcutta in South City Projects (Kolkata) Ltd. vs Commissioner of Service Tax (2024) 24 Centax 132

𝗖𝗘𝗦𝗧𝗔𝗧 𝗖𝗵𝗲𝗻𝗻𝗮𝗶 𝗥𝘂𝗹𝗶𝗻𝗴 𝗼𝗻 𝗦𝗲𝗿𝘃𝗶𝗰𝗲 𝗧𝗮𝘅 𝗮𝗻𝗱 𝗥𝗲𝘃𝗲𝗿𝘀𝗲 𝗖𝗵𝗮𝗿𝗴𝗲 📢 𝗧𝗵𝗲 𝗧𝗿𝗶𝗯𝘂𝗻𝗮𝗹 𝗿𝘂𝗹𝗲𝗱: "Services provided entirely outside India are not subject to service tax under reverse charge mechanism as per Rule 3 of the Taxation of Services (Provided from Outside India and Received in India) Rules, 2006."

𝗔𝗹𝗹𝗮𝗵𝗮𝗯𝗮𝗱 𝗛𝗶𝗴𝗵 𝗖𝗼𝘂𝗿𝘁 𝗥𝘂𝗹𝗶𝗻𝗴 𝗼𝗻 𝗦𝗲𝗿𝘃𝗶𝗰𝗲 𝗧𝗮𝘅 𝗳𝗼𝗿 𝗔𝗱𝘃𝗼𝗰𝗮𝘁𝗲𝘀 📢 𝗧𝗵𝗲 𝗖𝗼𝘂𝗿𝘁 𝗿𝘂𝗹𝗲𝗱: "Advocates are exempted from paying service tax, and it would be harassment to call them to prove that they are practicing advocates. The Commissioner, GST, is directed to issue clear directions that no notices regarding payment of service tax/GST are issued to the lawyers."

𝗖𝗘𝗦𝗧𝗔𝗧 𝗔𝗵𝗺𝗲𝗱𝗮𝗯𝗮𝗱 𝗥𝘂𝗹𝗶𝗻𝗴 𝗼𝗻 𝗦𝗲𝗿𝘃𝗶𝗰𝗲 𝗧𝗮𝘅 𝗮𝗻𝗱 𝗖𝗲𝗻𝘃𝗮𝘁 𝗖𝗿𝗲𝗱𝗶𝘁 𝗥𝗲𝘃𝗲𝗿𝘀𝗮𝗹 📢 𝗧𝗵𝗲 𝗧𝗿𝗶𝗯𝘂𝗻𝗮𝗹 𝗿𝘂𝗹𝗲𝗱: "Demand for reversal of credit cannot be made when the respondent has admittedly paid back the entire Cenvat credit along with interest – It became as if no Cenvat credit is availed."