Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4796
Join Channel
TaxTMI 
