Search Results Page
Search Results
1 - 10 of 11 (0.20 seconds)Section 66 in Finance Act, 1999 [Entire Act]
Commissioner Of Service Tax, Etc.Etc. vs M/S.Bhayana Builders (P) Ltd. Etc.Etc. on 18 November, 2016
10. Further, the said issue has been examined by the Hon'ble
Apex Court in the case of Commissioner of Vs. Bhayana
Builders (P) (supra) wherein the Hon'ble Apex Court has
observed as under:-
Union Of India vs M/S Intercontinental Consultants And ... on 7 March, 2018
The issue has been examined by the Hon'ble Apex Court in
the case of Union of India vs. Intercontinental Consultants
5 ST/70225/2018
and Technocrats Pvt. Ltd. 2018 (10) GSTL 401 (S. C.)
(supra) wherein the Hon'ble Apex Court has observed as
under:-
M/S U.P. Organics Ltd vs Commissioner Of Central Excise, ... on 7 June, 2016
Further, we also take a note of the fact that the said
service has been provided by the appellant for distribution of
electricity which is exempt from payment of service tax as held
by this Tribunal in the case of U. P. RajkiyaNirmam Nigam
Ltd. vs. Commissioner of Central Excise, Meerut-I (supra)
wherein this Tribunal has observed as under:-
The Central Excise Act, 1944
Section 66 in The Finance Act, 2018 [Entire Act]
The Finance Act, 2018
Commr.Of Income Tax-I,New Delhi vs Vatika Township P.Ltd on 15 September, 2014
29) In the present case, the aforesaid view gets strengthened from the manner in
which the Legislature itself acted. Realizing that Section 67, dealing with valuation
of taxable services, does not include reimbursable expenses for providing such
service, the Legislature amended by Finance Act, 2015 with effect from May 14,
2015, whereby Clause (a) which deals with 'consideration' is suitably amended to
include reimbursable expenditure or cost incurred by the service provider and
charged, in the course of providing or agreeing to provide a taxable service. Thus,
only with effect from May 14, 2015, by virtue of provisions of Section 67 itself, such
reimbursable expenditure or cost would also form part of valuation of taxable
services for charging service tax. Though, it was not argued by the learned counsel
for the Department that Section 67 is a declaratory provision, nor could it be argued
so, as we find that this is a substantive change brought about with the amendment
to Section 67 and, therefore, has to be prospective in nature. On this aspect of the
matter, we may usefully refer to the Constitution Bench judgment in the case
of Commissioner of Income Tax (Central)-I, New Delhi v. Vatika Township Private
Limited8 wherein it was observed as under: