Information From ITR/26AS Can't Be Sole Basis For Service Tax Demands: CESTAT
9 months, 2 weeks ago

Information From ITR/26AS Can't Be Sole Basis For Service Tax Demands: CESTAT

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The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal has held that the service tax demand was made on the basis of third-party data, i.e., amounts reflected in income tax returns and in Form 26AS, which is not sustainable. The bench of P. Anjani Kumar has observed that the exigibility of service tax depends on the service provider, service rendered, service recipient, and the consideration thereof. Unless these four elements have been connected logically, the demand for service tax cannot be confirmed merely on the basis of figures reflected in other statutory records. “I find that this is not the correct approach; the exigibility of service tax depends on the service provider, service rendered, service recipient, and the consideration thereof.

History of this topic

No Service Tax Payable On Banking Services Rendered By PNB To RBI: CESTAT
4 months, 3 weeks ago
CESTAT Cases Quarterly Digest 2024
8 months, 2 weeks ago
CESTAT Cases Monthly Round-Up: March 2024
8 months, 3 weeks ago
Service Tax From 16.06.2005 to 26.07.2009 Not Leviable On Services Of Repair And Maintenance Of Roads: CESTAT
10 months ago
Incentives Given To Audi Authorised Service Station Not 'Business Auxiliary Service', No Service Tax Payable: CESTAT
10 months, 1 week ago
Service Tax Not Leviable On Service For Transmission Of Electricity By GETCO: CESTAT
10 months, 2 weeks ago
Commission Shared By Head Office With Branch Office Of Same Entity Is Not Taxable: CESTAT
10 months, 3 weeks ago
Income From Sale Of Tender Forms, Xeroxing, Printing, Digital Software, Certificates Not Covered Under Business Auxiliary Services: CESTAT
1 year ago
Recipient Of GTA Services Not Liable To Pay Service Tax Which Was Already Paid By Transport Agency: CESTAT
1 year, 2 months ago
Tax Cases Weekly Round-Up: 1 To 7 October, 2023
1 year, 2 months ago
Exemption Claim On Service Of Rent-A-Cab Provided In SEZ To Be Supported By Invoices: CESTAT
1 year, 3 months ago
CISF Lacked Clarity About Leviability Of Service Tax On The Security Services; CESTAT Quashes Penalty
1 year, 3 months ago
No Service Tax Applicable On Providing Repair, Management And Maintenance Of Roads Services To NHAI: CESTAT
1 year, 4 months ago
Tax Cases Weekly Round-Up: 6 August To 12 August, 2023
1 year, 4 months ago
CESTAT Upholds Service Tax Demand Against The Service Provider Based On ONGC’s Reply
1 year, 4 months ago
Tax Cases Weekly Round-Up: 28 May to 3 June, 2023
1 year, 6 months ago
Demand Under Service Tax On RCM, Has To Be Worked Out And Calculated Transaction-Wise And Invoice-Wise: CESTAT
1 year, 6 months ago
Tax Cases Weekly Round-Up: 16 April To 22 April, 2023
1 year, 8 months ago
Service Tax Exemption On Handling Of Agriculture Produce By A Cargo Handling Agency: CESTAT
1 year, 8 months ago
Reimbursable Expenses Are Not Includible In The Taxable Value Of The Service: CESTAT
1 year, 8 months ago
Procedural Lapse Cannot Be The Basis To Deny Service Tax Refund, Defeating The Object Of SEZ: CESTAT
1 year, 8 months ago
Tax Cases Monthly Round Up: March 2023
1 year, 8 months ago
Service Tax Not Payable On The Amount Collected From The Member Units For Treatment Of Effluent Water: CESTAT
1 year, 9 months ago
Service Tax Refund Can’t Be Denied On Input Services Wholly Consumed Within SEZ: CESTAT
1 year, 10 months ago
Clinical Establishments Providing Health Care Services Are Exempted From Service Tax: CESTAT
1 year, 11 months ago
Payment On One-Time Premium/Aalami Can't Be Charged To Service Tax Under Renting Of Immovable Property: CESTAT
2 years, 1 month ago
No Service Tax Payable On Security Deposit Taken From Customers Towards Trading Of Shares: CESTAT
2 years, 1 month ago
No Service Tax Payable On Sale Of Ready-Mix-Concrete: CESTAT
2 years, 1 month ago
Service Tax is Payable On Computer Education Service Under Vocational Training: CESTAT
2 years, 1 month ago
Tax Cases Weekly Round-Up: 16 October To 22 October, 2022
2 years, 1 month ago
Service Tax Not Leviable On Business Exhibition Service Performed Outside India: CESTAT
2 years, 2 months ago
Service Tax Exemption Available On Rendering Transmission Of Electricity: CESTAT
2 years, 3 months ago
Tax Cases Weekly Round-Up: 31 July To 6 August, 2022
2 years, 4 months ago
Services Tax Demand Not Sustainable On The Basis Of TDS/26AS Statements: CESTAT
2 years, 4 months ago
No Service Tax On Reimbursement Of Expenses From Customers On Account Of Water, Electricity And Diesel Expenses Incurred: CESTAT
2 years, 4 months ago
Service Tax Cannot Be Levied On Reimbursement Of Expenses Incurred By The Service Provider: Reiterates CESTAT Delhi
2 years, 6 months ago
IT Service Provided By Assessee To Associate Company In USA Amounts To Export Of Service: CESTAT
2 years, 6 months ago
Indian Company Liable To Service Tax On Secondment Of Employees From Overseas Group Entities As Recipient Of Manpower Supply: Supreme Court
2 years, 6 months ago
Compensation Paid By Employee To Employer For Resigning From Service Without Giving Requisite Notice Is Not A Taxable Service: CESTAT
2 years, 7 months ago
Liquidated Damages Does Not Attract Service Tax: CESTAT Hyderabad
2 years, 7 months ago
Interest Free Security Deposits Are Not Exigible To Service Tax: CESTAT Ahmedabad
2 years, 8 months ago
Service Tax - To Determine If Service Is For Job Work Eligible For Tax Exemption, Agreement Has To Be Read As Composite Whole : Supreme Court
2 years, 10 months ago

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