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Service Tax Appeals and Dispute Resolution

Description: This quiz covers various aspects of Service Tax Appeals and Dispute Resolution in India, including the applicable laws, procedures, and authorities involved.
Number of Questions: 15
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Tags: service tax appeals dispute resolution indian law
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Which Indian statute governs the levy and collection of service tax?

  1. The Finance Act, 1994

  2. The Service Tax Act, 1994

  3. The Central Excise Act, 1944

  4. The Customs Act, 1962


Correct Option: A
Explanation:

The Finance Act, 1994 introduced the concept of service tax in India and laid the foundation for its levy and collection.

What is the primary authority responsible for adjudicating service tax disputes?

  1. The Commissioner of Service Tax

  2. The Central Board of Excise and Customs (CBEC)

  3. The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT)

  4. The Supreme Court of India


Correct Option: A
Explanation:

The Commissioner of Service Tax is the first authority responsible for adjudicating service tax disputes. Appeals against the Commissioner's orders can be made to CESTAT and subsequently to the Supreme Court.

What is the time limit for filing an appeal to CESTAT against an order of the Commissioner of Service Tax?

  1. 30 days

  2. 60 days

  3. 90 days

  4. 120 days


Correct Option: B
Explanation:

As per the Service Tax Act, 1994, an appeal to CESTAT against an order of the Commissioner of Service Tax must be filed within 60 days from the date of receipt of the order.

Which court has the final appellate jurisdiction over service tax disputes?

  1. The High Court

  2. The Supreme Court of India

  3. The National Company Law Tribunal (NCLT)

  4. The National Green Tribunal (NGT)


Correct Option: B
Explanation:

The Supreme Court of India is the highest court in India and has the final appellate jurisdiction over all matters, including service tax disputes.

What is the primary objective of the Service Tax Settlement Commission (STSC)?

  1. To promote voluntary compliance with service tax laws

  2. To resolve service tax disputes through alternative dispute resolution mechanisms

  3. To provide legal advice to taxpayers on service tax matters

  4. To conduct audits and investigations of service tax records


Correct Option: B
Explanation:

The STSC is a specialized body established to resolve service tax disputes through alternative dispute resolution mechanisms, such as mediation and conciliation, to facilitate quick and amicable settlements.

Which of the following is not a mode of alternative dispute resolution available under the Service Tax Act, 1994?

  1. Mediation

  2. Conciliation

  3. Arbitration

  4. Negotiation


Correct Option: C
Explanation:

Arbitration is not a mode of alternative dispute resolution specifically provided under the Service Tax Act, 1994. Mediation and conciliation are the primary ADR mechanisms available for resolving service tax disputes.

What is the time limit for filing an application for settlement before the STSC?

  1. 30 days

  2. 60 days

  3. 90 days

  4. 120 days


Correct Option: C
Explanation:

As per the Service Tax Rules, 1994, an application for settlement before the STSC must be filed within 90 days from the date of receipt of the SCN or order imposing penalty.

What is the consequence of failing to file an appeal or application for settlement within the prescribed time limit?

  1. The appeal or application will be dismissed as time-barred

  2. The taxpayer will be liable to pay additional penalty

  3. The taxpayer's service tax registration will be canceled

  4. The taxpayer's assets will be seized


Correct Option: A
Explanation:

Failure to file an appeal or application for settlement within the prescribed time limit generally results in the appeal or application being dismissed as time-barred, unless there are exceptional circumstances justifying the delay.

Who bears the burden of proof in a service tax appeal?

  1. The taxpayer

  2. The Commissioner of Service Tax

  3. The CESTAT

  4. The Supreme Court of India


Correct Option: A
Explanation:

In a service tax appeal, the burden of proof lies on the taxpayer to establish that the service tax demand raised by the authorities is incorrect or excessive.

What is the primary objective of the Advance Ruling Authority (ARA) under the Service Tax Act, 1994?

  1. To provide binding rulings on the classification of services

  2. To resolve service tax disputes through alternative dispute resolution mechanisms

  3. To provide legal advice to taxpayers on service tax matters

  4. To conduct audits and investigations of service tax records


Correct Option: A
Explanation:

The primary objective of the ARA is to provide binding rulings on the classification of services, thereby assisting taxpayers in determining their service tax liability and avoiding disputes.

Who can apply for an advance ruling from the ARA?

  1. Any person liable to pay service tax

  2. Any person intending to provide a taxable service

  3. Any person who has been issued a show cause notice or order by the authorities

  4. All of the above


Correct Option: D
Explanation:

Any person liable to pay service tax, any person intending to provide a taxable service, and any person who has been issued a show cause notice or order by the authorities can apply for an advance ruling from the ARA.

What is the time limit for filing an application for an advance ruling with the ARA?

  1. 30 days

  2. 60 days

  3. 90 days

  4. 120 days


Correct Option: C
Explanation:

An application for an advance ruling with the ARA must be filed within 90 days from the date of receipt of the show cause notice or order, or from the date on which the liability to pay service tax arises, whichever is earlier.

What is the effect of an advance ruling issued by the ARA?

  1. It is binding on the taxpayer and the authorities

  2. It is binding only on the taxpayer

  3. It is binding only on the authorities

  4. It is not binding on either the taxpayer or the authorities


Correct Option: A
Explanation:

An advance ruling issued by the ARA is binding on both the taxpayer and the authorities, provided that the facts and circumstances on which the ruling was based remain unchanged.

What are the grounds on which an advance ruling issued by the ARA can be challenged?

  1. Error in law

  2. Error in fact

  3. Change in law or facts

  4. All of the above


Correct Option: D
Explanation:

An advance ruling issued by the ARA can be challenged on grounds of error in law, error in fact, or change in law or facts.

Which court has the jurisdiction to hear appeals against advance rulings issued by the ARA?

  1. The High Court

  2. The Supreme Court of India

  3. The National Company Law Tribunal (NCLT)

  4. The National Green Tribunal (NGT)


Correct Option: A
Explanation:

Appeals against advance rulings issued by the ARA are heard by the High Court within whose jurisdiction the ARA is located.

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