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Service Tax: Advance Rulings, Appeals, Interest, Penalties and Prosecutions

Service Tax: Advance Rulings, Appeals, Interest, Penalties and Prosecutions. Mekhla Anand Amarchand & Mangaldas & Suresh A. Shroff & Company July 2, 2011. mekhla.anand@amarchand.com. Agenda. Advance Rulings. Advance Rulings : Scope. Advance Rulings : Scope.

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Service Tax: Advance Rulings, Appeals, Interest, Penalties and Prosecutions

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  1. Service Tax: Advance Rulings, Appeals, Interest, Penalties and Prosecutions Mekhla Anand Amarchand & Mangaldas & Suresh A. Shroff & Company July 2, 2011 mekhla.anand@amarchand.com

  2. Agenda

  3. Advance Rulings

  4. Advance Rulings : Scope

  5. Advance Rulings : Scope

  6. Advance Rulings : Who Can Apply?

  7. Advance Rulings: Procedure

  8. Advance Rulings: Procedure

  9. Advance Rulings: Key Considerations

  10. Appellate Remedies in Service Tax

  11. Appeal to Commissioner (Appeals)

  12. Appeal to Commissioner (Appeals)

  13. Appeal to Tribunal

  14. Appeal to Tribunal

  15. Appeal to High Court/Supreme Court

  16. Interest

  17. Interest

  18. Interest

  19. Calculation of interest

  20. Interest: Key Considerations

  21. Penalties

  22. Penalties

  23. Penalty Provisions Penalty order required to be a speaking order

  24. Penalty Provisions

  25. Penalty Provisions • Penalty under Section 76 and Section 78 mutually exclusive • Waiver of penalty under Section 80 only where records maintained

  26. Prosecution • Punishment • If amount > 50 Lakhs – Imprisonment upto 3 years • Others – Imprisonment upto 1 year • No power of arrest • Prosecution can be launched only with the approval of the Chief Commissioner

  27. Thank You

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