Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
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Service tax liability on remuneration paid to directors. The key points are: Remuneration paid to directors is accounted for as 'Salary' and TDS is deducted under the head of 'Salary' as per Form-16, indicating an employer-employee relationship. As per Section 65B(44)(b) of the Finance Act, 1994, salary paid to employees falls under the negative list and is not liable for service tax. The CESTAT held that since the payment is towards salary and the relationship is that of employer-employee, it does not constitute a service and is exempt from service tax under the negative list provision. The appeal was allowed.
Service tax liability on remuneration paid to directors. The key points are: Remuneration paid to directors is accounted for as 'Salary' and TDS is deducted under the head of 'Salary' as per Form-16, indicating an employer-employee relationship. As per Section 65B(44)(b) of the Finance Act, 1994, salary paid to employees falls under the negative list and is not liable for service tax. The CESTAT held that since the payment is towards salary and the relationship is that of employer-employee, it does not constitute a service and is exempt from service tax under the negative list provision. The appeal was allowed.
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