Adjustment of service tax paid under wrong accounting code is to be allowed

0 comments Thursday, February 23, 2012
Ahemdabad CESTAT has held in the following case that adjustment of service tax paid under wrong accounting code is to be allowed. 

In this case assessee was manufacturing a 'diesel generating set'. Besides that it was also providing maintenance of diesel generating sets to its clients. Before taking service tax registration under 'management, maintenance or repair' service, it paid service tax under wrong service tax code relating to 'erection, commissioning or installation' service.
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PVAT-Three cheques required to be deposited alongwith new VAT-2 form while making payment of VAT by cheque

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Recently a new single challan form namely VAT-2 has been introduced for payment of VAT in Punjab. This form has replaced the earlier three challan forms i.e VAT-2, VAT-2A and VAT-2B. Now for depositing VAT, Punjab Municipal Fund(PMF) and Punjab Municipal Infrastructure Development Fund(PMIDF) only one challan form i.e VAT-2 is required to be filled up.
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No Service Tax on Toll collected for user of roads-Clarification of CBEC

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CBEC has clarified in the following circular that Toll collected by SPV for users of roads under an agreement between NHAI or State Authority and concessionaire under PPP or BOT/Operate-transfer model is exempt from service tax. It has been clarified that TOLL is a subject of State List under Constitution hence is not liable to service tax.


However if Toll is collected by an independent entity engaged by SPV and for which purpose any commission/charges is paid to such agency by SPV then such commission/charges will be liable to service tax under Business Auxiliary Service.
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Foreign Lawyers cannot practice in India-Madras High Court

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Madras High Court has held in A.K.Balaji Vs. GOI has held that  foreign Lawyers cannot practice law in India but are entitled to visit India for short periods to advice on foreign law & conduct international commercial arbitration
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