Indirect Tax Latest Judicial Precedents March 2016

  • Category: Erstwhile Indirect Tax Laws
  • Date: 01-03-2016
  • Writers: CA Ashish Chaudhary, CA Rajesh Kumar T R

SUPREME COURT

  1. Word “include” in the definition of Inputs under Section 2(g) of CCR, 2002 gives a wide interpretation (RamalaSahkariChini Mills Ltd, UP Vs CCE 2016-TIOL20-SC-CX-LB)
    • Background: Assessee is availing Cenvat credit on welding electrodes used in maintenance of machine. Department disallowed the credit on ground that welding electrodes do not fall under the definition of input.Assessee contended that it is covered under inclusive part of definition and hence...
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Indirect Tax_Latest Judicial Precedents_March 2016

  • Category: Latest Judicial Precedents
  • Date: 01-03-2016
  • Writers: CA Ashish Chaudhary, CA Rajesh Kumar T R

Indirect tax reviews - Must for business

  • Category: Professional Value Pack
  • Date: 11-02-2016
  • Writer: CA Madhukar N Hiregange

Service tax on TDS portion (Import of services)

  • Category: Erstwhile Indirect Tax Laws
  • Date: 09-02-2016
  • Writer: Amaresh Etikala

In this note a brief explanation has been provided w.r.t to payment of service tax on TDS portion in respect of import of services to make it clear for the assessee to understand liability of service tax on TDS portion in case of import of services.     

In case of few specified services, service receiver has been made liable for payment of service tax as per Section 68(2) of Finance Act 1994 read with Rule 2(1)(d)(G) of Service Tax Rules 1994. As per Rule 2(1)(d)(G), ...

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Service tax on TDS portion (Import of services)

  • Category: Erstwhile Indirect Tax Laws
  • Date: 09-02-2016
  • Writer: Amaresh Etikala

Rule 6(3A) of Cenvat credit rule - Time to apply logical interpretation

  • Category: Erstwhile Indirect Tax Laws
  • Date: 08-02-2016
  • Writer: CA Venkatanarayana G M

The very reason beyond introducing rule 6 in Cenvat Credit Rules 2004 could be that, not to extend the benefit of Cenvat credit to a manufacturer or service provider who is engaging in manufacture or providing of exclusively exempted goods or services as the case maybe.  

However, here a situation could be that, an assessee is adopted practice of not availing credit of input/input service which are used for manufacture or providing of exempted goods/services. In such cases, what...

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Rule 6(3A) of Cenvat credit rule - Time to apply logical interpretation

  • Category: Erstwhile Indirect Tax Laws
  • Date: 08-02-2016
  • Writer: CA Venkatanarayana G M

Increase in custom duty on medical devices

  • Category: Customs & FTP
  • Date: 05-02-2016
  • Writer: CA Nagendra Hegde

Government of India in line with its ‘Make in India’ initiative, constituted a task force to examine various issues that are causing worries for the domestic medical device sector.    

Further based on the recommendations made by the said task force regarding the rationalization of custom duty structure so as to promote domestic manufacturing of medical devices, GOI has come up with the notifications 4/2016-Cus dated 19.01.2016 by amending serial number 473 and 474 of Notification...

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Annual Information Return in Central Excise and Service tax

  • Category: Erstwhile Indirect Tax Laws
  • Date: 05-02-2016
  • Writer: CA Mahadev R

Introduction   

CBEC with an intention to appropriately administer the tax collection has introduced Annual Information Return (AIR) under Central Excise and Service tax provisions. Presently the system of AIR is being used extensively under Income tax and now the same being extended under indirect tax regime as well.    

Vide notification no.04/2016 dated 15.02.2016, CBEC has introduced Service Tax and Central Excise (Furnishing of Annual Information Return) Rules,...

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Increase in custom duty on medical devices

  • Category: Customs & FTP
  • Date: 05-02-2016
  • Writer: CA Nagendra Hegde