Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
Service tax refund claim allowed by Appellate Tribunal for...
Service tax refund allowed on additional charges recovered from customers without availing CENVAT credit. Gross amount charged basis for service tax payable.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Service tax refund claim allowed by Appellate Tribunal for additional service tax paid on charges recovered from customers. Appellant issued credit notes to customers for additional charges along with service tax thereon. Customers did not avail CENVAT credit. As per contract, appellant was required to transmit gas through pipeline to buyers' premises. Additional charges over approved rate for gas transmission during October 2008 to July 2009 were not approved by Ministry. Service tax payable u/s 67 on gross amount charged by service provider. Since gross amount charged was less by additional service charge, service tax paid thereon is refundable. Impugned order set aside, appeal allowed.
Service tax refund claim allowed by Appellate Tribunal for additional service tax paid on charges recovered from customers. Appellant issued credit notes to customers for additional charges along with service tax thereon. Customers did not avail CENVAT credit. As per contract, appellant was required to transmit gas through pipeline to buyers' premises. Additional charges over approved rate for gas transmission during October 2008 to July 2009 were not approved by Ministry. Service tax payable u/s 67 on gross amount charged by service provider. Since gross amount charged was less by additional service charge, service tax paid thereon is refundable. Impugned order set aside, appeal allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
