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June 2008

Implications under Service Tax

By Puloma Dalal, Bakul B. Mody, Chartered Accountants
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5. Implications under Service Tax :


The extensive judicial precedence (in particular Supreme
Court Rulings which have laid down principles) under Central Excise, as regards
invocation of extended period of 5 years, would be available as a good guide for
the purpose of Service Tax to the extent relevant and applicable.

In cases where Service Tax has not been paid by an assessee,
due to bona fide belief as to its liability, which could be due to views
expressed in judicial rulings, Dept. Clarifications, legal advice, etc., the
benefit of settled position under Central Excise can be availed for Service Tax
to challenge invocation of extended period and consequent penalty action,
depending upon the facts and circumstances of a given case.


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