CBEC's race with service tax audits



Less than a week ago, CBEC had empowered CAs & CMAs(nominated u/s 72A) to conduct service tax audits on behalf of service tax department, by setting aside the verdict pronounced by Hon'ble Delhi High Court in case of CAG Travelite (India) Vs. Union of India & Ors., wherein the court took the view that the service tax audits are not backed by any statutory provisions, therefore rule 5A(2) of Service Tax Rules, 1994 is bad in law.

And and amendment was introduced vide N/N 23/2014- ST, and rule 5A(2) was amended, the pronouncement of Hon'ble Delhi High Court was overlooked and CAs/CMAs were made authorized to conduct service tax audits. 

Now, subsequently, clarification has been issued by CBEC vide Circualr no. 181/7/2014- ST dated 10th dec'14, by drawing attention towards clause (k) to section 94(2),inserted vide  which used the expression- the manner in which records shall be verfiied".

Department clarified that the words verification includes the audits as well.

Henceforth, the audits are now fullly backed by statutory provisions.

The said circular may be accessed from the folllowing link:

http://www.servicetax.gov.in/circular/st-circular14/st-circ-181-2014.htm

Comment:

It's the never ending practise of the department to nullify the judicial pronouncements by amending the provisions. One thing is appreciable that they didn't bring the amendment retrospectively.

One interesting point needs to be taken into consideration is that since the amended provision(referred in the circular) are applicable from 6th Aug'14, should be interprated that all the audits intiated prior to the said date, should be declared as void? The department needs to be very cautious before bringing such amendments which might prove negative for them.




About the Author

Chartered Accountant

Hi Friends! My Name is Sumit Grover PCC--All INDIA Rank 33 in June09 Final--Cracked in first Attempt in May11 secured 62%(became CA at the age of 21) Other--ClearedCertificate Course on Indirect Taxes by ICAI Contact Details: Mobile No.- +91-9910946323 Email id:-sumitgrover.ca @ ... Read more

Comments :

Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
21 October 2026
CA INTER/ BCOM WITH EXPERIENCE

CA S KUMAR GUPTA & CO

Amritsar

CA Inter

View Details
Company
23 October 2026
Sr. Accountant

SANKARAN & KRISHNAN

New Delhi

B.Com

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
ARTICLESHIP 07 October 2026
Article assistant

S.K.Bajpai & Co.

Noida

B.Com

View Details
Company
12 October 2026
Chartered Accountant - Internal Audit

HKC | Chartered Accountants & Business Advisors

Ludhiana

CA

View Details
Company
19 October 2026
Accountant

Jari Saree Center

New Delhi

Others

View Details