Role of Board's Circulars, Audit Objections and other Departmental Guidelines in Service tax...

7
Role of Board’s Circulars, Audit Objections & Other Departmental Guidelines In Service Tax Adjudication Manish Mohan Additional Commissioner 1 A Presentation by

Transcript of Role of Board's Circulars, Audit Objections and other Departmental Guidelines in Service tax...

Page 1: Role of Board's Circulars, Audit Objections and other Departmental Guidelines in Service tax adjudications.

Role of Board’s Circulars, Audit

Objections & Other Departmental

GuidelinesIn Service Tax Adjudication

Manish MohanAdditional Commissioner

A Presentation by

Page 2: Role of Board's Circulars, Audit Objections and other Departmental Guidelines in Service tax adjudications.

The need for Circulars, Guidelines and Clarifications?

Dissemination of information.UniformitySC/HC/Tribunal Judgments / Orders.In conformity with the intention behind enactment of legislation.

Understanding of the Department.

Page 3: Role of Board's Circulars, Audit Objections and other Departmental Guidelines in Service tax adjudications.

The Authority

Section 5 and Section 151A of the Customs Act, 1962.

Section 37B of the Central Excise Act, 1944 and Rule 31 of the CE Rules, 2002.

The Provision under the Finance Act, 1994?

The Reference.

Page 4: Role of Board's Circulars, Audit Objections and other Departmental Guidelines in Service tax adjudications.

Binding or not? Case Laws Ranadey Micronutrients.

Dhiren Chemicals.

Ratan Melting

Page 5: Role of Board's Circulars, Audit Objections and other Departmental Guidelines in Service tax adjudications.

The Law is

The Circular that is contrary to the statutory provision has really no existence in law.

But in case of audit objections the instruction is

Page 6: Role of Board's Circulars, Audit Objections and other Departmental Guidelines in Service tax adjudications.

Now think over this

Export of Services Rules, 2005.

The Haj Circular.The Export Circular 1.The Export Circular 2. Issue of JurisdictionNow Help me out.

Page 7: Role of Board's Circulars, Audit Objections and other Departmental Guidelines in Service tax adjudications.

Thanks

7