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23.05.2013 - Voice of CA Presents - Updates
Thursday, May 23, 2013

I.  A Request:   

As we all are aware of the fact that Amnesty Scheme in service tax have come into action for the first time.  So, in order to make sure that no ambiguity left in understanding any of the provision of this scheme. Team “Voice of CA” is taking an initiative by inviting all the readers to provide us with the queries or ambiguity which you feel need to be clarified. Team Voice of CA will compile up all the relevant queries and will make a representation before the Ministry of Finance.

You can submit you doubts on our email id:

Please send it positively by 10th June, 2013

Thanks & Regards,

CA. Sanjay Agarwal
Founder - Voice of CA


 II.  Today's Headlines:   

  1. Tax refund - A long wait? Here is how to ensure a timely receipt  (Click for detail)
  2. FinMin asks cash-rich PSUs to consider buybacks  (Click for detail)
  3. PSU heads to have fixed tenure of 3 years  (Click for detail)
  4. RBI: Managing state govt debt to be tough in FY14  (Click for detail)

III.  Income tax Department Publications:


IV.  Useful Contribution:

[ Contribution by  Shri P.K. Bansal, Advocate  and contributor is available on email-id: ]

A Presentation on " Intricacies in Central Sales Tax"

The important concepts in CST Act like "inter-state sales, stock transfer, in the course of import or export", have always been surrounded by controversies. Even though there have been certain judicial precedents, tax authorities in different states have been taking different stands. The presentation is an attempt made to simplify these concepts, stressing on judicial precedents issued on the subject, precautions to be taken by dealers, etc...

(Please click here for detail)


V.  Indirect Tax Case laws:

1.    M/s Air India Ltd. Vs. Commissioner Adjudication, CEAC 27/2013 & CM No. 7071/2013 (stay), Date: 03.05.2013, High Court of Delhi

Decision : In favor of assessee

Assessment Year : 2006- 07

Cases referred : Tribunal in ST/S431/2010/ in ST Appeal No. 265/2010 in the case of National Aviation Co. of India v. CCE.

Whether the requirement of pre-deposit can be waived off due to financial hardship to the assessee?

Held : Yes

In the instant case, the assessee engaged in the aviation business wholly owned by the government. The Commissioner of Service Tax confirmed the service tax demand of Rs. 65.49 crores . Out of which on prima facie view the tribunal upheld the service tax demand of Rs. 15.53 crores.  The CESTAT considering the financial hardships of the assessee allowed him to pay Rs. 8 crores as pre-deposit within a period of 8 weeks.

On appeal before The Hon’ble High Court for full waiver of pre-deposit. The Court observed that the assessee is facing financial difficulties considering that the court waived off entire pre-deposit liability and allowed the appellant to appear before the Tribunal without payment of pre-deposit.

(Please click here for judgment)

2.   Pooja Marketing Agencies Vs. Commissioner of Customs & Central Excise, Appeal No. ST/609 of 2009, Date: 03.07.2012 (Bangalore - CESTAT)

The assessee was providing various services to his client like - Procurement of purchase orders for various products of client, maintenance of effective follow-up and undertaking of any promotional/ marketing activities in respect of client's brands. The assessee contended that these are Business Support Services and not the Business Auxiliary Services as contended by the department. The Commissioner raised the demand of Service Tax.

On perusal the CESTAT held, the services provided are squarely within the ambit of the definition of “Business Auxiliary Services” and appellant is liable to pay the service tax. 

(Please click here for judgment)


 Golden Rules:

A man prayed to God: "I Want Happiness"
God said: First remove " I " that's ego,
then remove "Want" that's desire,
and see you are left with only


  Thanks & Regards


Voice of CA    




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