Archive for the ‘Case Law’ Category

Stay Granted on Service Tax on Renting

Renting of Immovable Property: There shall be no recovery of service tax from the service provider in respect of renting of immovable property alone


Prima facie renting of immovable property itself has been regarded as a service by virtue of the recent amendment made by Finance Act, 2010, even though this Court by virtue of its decision had categorically concluded that renting of immovable property by itself cannot be regarded as a service

SC Defines the Meaning ’Manufacturing’

The Supreme Court has asked the revenue department to take into account the process applicable to the product and not dictionary meaning of ‘manufacture’ to decide the issue of benefits under the provisions of Income Tax Act, Excise Act and Customs Act.


The apex court expressed its displeasure over Revenue’s failure in such cases, saying the department was not following its recommendations over the years.

No Service Tax on INSA members from March 1, '02 to April 17, '06

The Supreme Court has upheld a Bombay High Court ruling saying that the Government cannot levy service tax on services provided outside the country.


The order pertains to Service Tax for the period from March 1, 2002 to April 17, 2006.

Can Service Tax be Levied on MF Commissions – SC Admits Plea

The Supreme Court has admitted a petition which has raised an important question: Is selling mutual fund products a taxable service? The apex court headed by Justice S H Kapadia admitted an appeal filed by Commissioner of Service Tax stating that sale of mutual funds (MFs) amounted to service for the purpose of levy of [...]

Input Credits under Service Tax Law

In a recent landmark judgement in Coca Cola India Pvt. Ltd. vs. Commissioner of Central Excise (2009-VIL-06-HC-BOM-ST), the Mumbai High Court has interpreted the relevant provisions of service tax law in a broad and inclusive manner in order to hold that expenses incurred by a company in relation to advertising and promoting a brand owned [...]

Service Tax – Appeal against Tribunal's Order on Taxability of Service – Appeal lies to Supreme Court

Service Tax – Appeal against Tribunal’s Order on Taxability of Service – Appeal lies to Supreme Court: Delhi High Court The Tribunal held that when the service is provided by a club to its members, it does not attract service tax. Where does an appeal lie against such a decision of the CESTAT? The Revenue [...]

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