Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
Detailed legal analysis regarding levy of service tax on 'Call Option Fee' during 2007-08 to 2013-14. Held that 'Call Option' is a derivative or right in securities under Securities Contracts (Regulation) Act, 1956 (SCRA), hence a transaction in goods not subject to service tax under Finance Act, 1994. Supreme Court in Vodafone case discussed 'Call Options' without indicating illegality. Consideration for Call Option, not for ancillary requirement of holding shares. Call options fall under activities excluded from 'service' definition u/s 65B(44). Extended period of limitation wrongly invoked without evidence of intent to evade tax. Penalty wrongly imposed as no deliberate deception to evade duty. Order set aside, appeal allowed.
Detailed legal analysis regarding levy of service tax on 'Call Option Fee' during 2007-08 to 2013-14. Held that 'Call Option' is a derivative or right in securities under Securities Contracts (Regulation) Act, 1956 (SCRA), hence a transaction in goods not subject to service tax under Finance Act, 1994. Supreme Court in Vodafone case discussed 'Call Options' without indicating illegality. Consideration for Call Option, not for ancillary requirement of holding shares. Call options fall under activities excluded from 'service' definition u/s 65B(44). Extended period of limitation wrongly invoked without evidence of intent to evade tax. Penalty wrongly imposed as no deliberate deception to evade duty. Order set aside, appeal allowed.
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