Indirect Tax Latest Judicial Precedents December 2015

  • Category: Erstwhile Indirect Tax Laws
  • Date: 01-12-2015
  • Writers: CA Ashish Chaudhary, CA Rajesh Kumar T R

HIGH COURT

1. Credit of duty paid on installation of telecommunication towers is not eligible (Vodafone India Ltd. vs CCE, Mumbai-II 2015 (40) STR 422 (Bom)

  • Background: Appellant engaged in business of providing telecom service availed credit on set up of telecommunication towers. Tribunal disallowed credit of duty paid on tower parts/ green shelter on the ground that these are ‘immovable property’, hence do not qualify as ‘capital goods’ or ‘inputs’. 
  • Issue:...
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ACCHE DIN for service exporter: Speedy disbursement of refund claim

  • Category: Erstwhile Indirect Tax Laws
  • Date: 30-11-2015
  • Writers: CA Ashish Chaudhary, CA Madhukar N Hiregange

There were indications during last few months that the government could come up with scheme to facilitate exporters for speedy disbursement of refund claim blocked since many years. The Government has chosen auspicious day of Diwali to shower ‘Dhan’ on the service providers in the form of announcing simplified scheme for liquidating accumulated credit . It is a welcome step by government complementing its initiative of ease of doing business in India, but the success of the same would...

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"ACCHE DIN" for service exporter: Speedy disbursement of refund claim -

  • Category: Erstwhile Indirect Tax Laws
  • Date: 30-11-2015
  • Writers: CA Madhukar N Hiregange, CA Ashish Chaudhary

Service Tax on Port and CHA Services

  • Category: Erstwhile Indirect Tax Laws
  • Date: 29-11-2015
  • Writers: CA Madhukar N Hiregange, CA Roopa Nayak

Background:

Under the negative list based taxation, service tax is leviable on all services, other than those covered in negative list or a subject matter of exemption. There is no blanket exemption to the services which are provided in port. In this backdrop we examine what is port service and what are the service tax implications of port services under negative list based taxation

What is meant by term ‘port’?

Section 65B (38) sets out "port" has the meaning assigned to it in...

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Service Tax on Port and CHA Services

  • Category: Erstwhile Indirect Tax Laws
  • Date: 29-11-2015
  • Writers: CA Madhukar N Hiregange, CA Roopa Nayak

GTA Vs GTO and Cenvat Credit

  • Category: Erstwhile Indirect Tax Laws
  • Date: 28-11-2015
  • Writers: CA Madhukar N Hiregange, CA Roopa Nayak

Renting of Immovable Property Service

  • Category: Erstwhile Indirect Tax Laws
  • Date: 27-11-2015
  • Writers: CA Madhukar N Hiregange, CA Roopa Nayak

Cenvat Credit on Construction Sector

  • Category: Erstwhile Indirect Tax Laws
  • Date: 26-11-2015
  • Writers: CA Madhukar N Hiregange, CA Roopa Nayak

Issues in valuation of works contract

  • Category: Erstwhile Indirect Tax Laws
  • Date: 25-11-2015
  • Writers: CA Madhukar N Hiregange, CA Roopa Nayak

Indirect Tax applicability to software industry

  • Category: Erstwhile Indirect Tax Laws
  • Date: 24-11-2015
  • Writers: CA Madhukar N Hiregange, CA Roopa Nayak