Articles by MONISH BHALLA

Service tax refunds: Are they just or unjust?

Posted by MONISH BHALLA 01 October 2010 10399 Views

No one can be taxed without any constitutional authority. If any tax or duty is collected by the department because of misinterpretation of the provisions of law, the same can be refunded if the taxpayer applies for a refund. Refund claims can be fil

Art of interpreting law to one's own advantage

Posted by MONISH BHALLA 24 September 2010 9342 Views

Correct interpretation of a law is one of the keys to resolve the litigations, but it is easier said than done. The service providers as well as the department are constantly trying and interpreting the statute as it suits them. The main object mus

Supply of Software: Sale or Service

Posted by MONISH BHALLA 24 September 2010 15124 Views

Software consists of carrier medium such as CD, Floppy and coded data. Softwares are categorized as standardized software or canned software and specific software or customized software. Standardized software or Canned software is mass market

Taxing art: New rules on point of taxation

Posted by MONISH BHALLA 18 September 2010 10708 Views

The Art of taxation is one of the fortes of the finance ministry. It has innovative concepts and ideas of creating tax liabilities even though the service has not been provided at a given point of time. The CBEC has proposed a new rule to be impleme

Confusions galore over ongoing works contracts issue

Posted by MONISH BHALLA 03 September 2010 6152 Views

'If you cannot convince them, confuse them'. The CBEC seems to be working with this very motto when it comes to works contract service. More than half a dozen big and small clarifications and amendments have been issued since the introduct

Target Plus Scheme - Broad Nexus

Posted by MONISH BHALLA 27 August 2010 19514 Views

The Target Plus Scheme (TPS) was introduced in the Foreign Trade Policy 2004-2009. The details of the scheme are enumerated under Para 3.7 of the Foreign Trade Policy and Para 3.2 of the Hand Book of Procedure and also in theNotification No. 32/20

Govt defines service tax on donation or aid

Posted by MONISH BHALLA 26 August 2010 19441 Views

Education, coaching and training have become an expensive affair and many children from the poor families can't afford it. The lack of education and training leads to unemployment and if any organisation is imparting coaching and training to e

Constitutional validity of Service Tax remains questionable

Posted by MONISH BHALLA 21 August 2010 15177 Views

The Constitutional Validity of Service Tax has been challenged time and again. Recently, The Maharashtra Chamber of Housing Industry (MCHI) through their Writ Petition challenged the constitutional validity of the Finance Act 2010 seeking to amend

Service tax on rentals-government & judiciary define them

Posted by MONISH BHALLA 21 August 2010 6217 Views

Service Tax on renting of immovable properties was introduced from June 01, 2007 by insertion of section 65(105) (zzzz) in the Finance Act, 1994. The scope of this levy was examined by the Delhi high court in its judgment dated 18.04.2009 delivered

Govt exempts certain services from purview of Service Tax

Posted by MONISH BHALLA 03 July 2010 9144 Views

The Service Tax department has come out with an exemption bonanza for various sectors ranging from air travel to construction industry. These exemptions will come in effect from July 1, 2010. The services related to air transport of passe