CA Bimal Jain Ahead of the Union Budget 2016, the Hon’ble Finance Minister Shri Arun Jaitley tabled today Economic Survey Report 2016 in the Parliament, outlining the broad direction of the Union Budget 2016 and the economic performance of the Country. A flagship annual document of the Ministry of Finance, Economic Survey reviews the developments […]
Presently, in terms of Section 66D(a)(iv) of the Finance Act, 1994 read with Rule 2(1)(d) of the Service Tax Rules, 1994, only ‘support services’ provided by Government or a Local authority to a Business Entity are liable to Service tax under Reverse Charge except (1) renting of immovable property
We are happy to inform that the Last Workshop in the above series is being organised on the following Themes: Audit, Investigation, Imprisonment and Power to Arrest provisions by multiple wings of Service Tax and Excise Department Customs – Drawback, Refund, and Imposition of various Customs duties and Implication of Import/ Export of Goods or […]
Central Government (CG) has issued various Notifications under the Service tax and the Central Excise for extending the benefit of refund/rebate to the Swachh Bharat Cess (SB Cess) component and the input services used beyond factory for export. Further, the Cenvat Credit Rules, 2004 (the Credit Rules) has been amended to allow Cenvat credit on commission agent’s services and to make explicit that Cenvat credit shall not be used for payment of SB Cess.
The Hon’ble CESTAT, Ahmedabad relying upon the judgments of Chandrapur Magnet Wires (P.) Ltd. Vs. CCE [1996 taxmann.com 736 (SC)] and Leotronics Scales (P.) Ltd. Vs. CCE [Final Order No. 50894 of 2015, dated 23-1-2015], held that when the Appellant has reversed the Cenvat credit amount inadvertently availed earlier along with the interest from the date of availment upto the date of reversal of credit, benefit of abatement cannot be denied.
Hon’ble CESTAT, New Delhi relying upon the plethora of judgments and by observing various provisions in this regard, held that in the instant case, buyer has borne risk of damage to goods during transit and freight charges were an integral part of price of goods sold by the Respondent to its buyers.
CESTAT, Allahabad relying upon plethora of judicial pronouncements held that in the instant case, BSNL has already paid Service tax on the SIM cards and recharge coupons sold to the Appellant and therefore, again demanding Service tax from the Appellant would amount to double taxation, which is not permissible in law.
CESTAT, Mumbai held that when freight charges are to the buyer’s account, merely because these are not mentioned separately is no reason to conclude that sale is not complete at the factory gate. Further, transport charges recovered from buyer through debit notes cannot be a ground for denying substantial benefit under the law laid down in Section 4 of the Excise Act.
The Hon’ble Supreme Court held that in terms of Section 14(1) of the Customs Act as was prevalent during the relevant period, the value of the goods which are imported was to be fixed at the price on which such or like goods are ordinarily sold or offered for sale.
The Hon’ble High Court of Andhra Pradesh held that as long as the chillies were transferred from Secunderabad branch to Cochin branch, which had been exported and the conditions enumerated in Section 5(1) of the CST Act are satisfied
