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Service Tax Updates - May, 2012
SYNOPSIS OF NOTIFICATIONS, CIRCULARS & LETTERS
1) Vide Notification No. 2/2012 and No.5/2012 dated 12-3-2012 Central Gov seeks to give itself powers to provide for measures to prevent misuse of provisions of Cenvat Credit.
2) Vide Letter No.137/125/2011-ST dated 27-02-2012 it has been clarified that service tax and not excise shall be applicable on the activity of Tyre Retreading.
3) Vide Public Notice No. 01/2012 Dated 03/01/2012 a simplified scheme for electronic refund of service tax on lines of duty drawback has been introduced.
4) Vide Circular No. 154/5/2012 – ST Dated 28-3-2012, it is clarified that in case of assesses who had to move from Receipt based system of Paying Service Tax to the normal system as defined under the POT Rules, shall continue to pay the service tax on receipt basis for bills raised prior to 31-3-2012.
Important Case Laws and Judgments
1) Retrospective amendment made to Section 65(105)(zzzz) by Finance Act, 2012 imposing service tax on renting of immovable property is constitutionally valid (MP).
2) Where pre-dominant objective of the contract was for mining and transportation and even if there was any activity of cargo handling that was only incidental to transportation activity, no service tax could be demanded for that activity under the category of “Cargo handling Service” (New Delhi – CESTAT).
3) Permission to use trademark without transferring property therein will be liable to service tax under ‘Intellectual property service’. (New Delhi – CESTAT)