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Remittance against export of services received in INR through foreign bank is deemed to be received in convertible foreign exchange

November 11, 2015 5643 Views 0 comment Print

AGM India Advisors Pvt. Ltd. Vs. Commissioner of Service Tax (CESTAST Mumbai)- Remittance against export of services received in Indian Rupees but through foreign bank is deemed to be received in convertible foreign exchange – Export condition stands satisfied.

Swachh Bharat Cess @ 0.5% on value of all taxable services levied from November 15, 2015

November 7, 2015 49915 Views 0 comment Print

Pursuing with Mr. Narendra Modi’s Dream of Swachh Bharat, in Union Budget 2015, a provision was made for levying a Swachh Bharat Cess on all or any of the services, for the purposes of financing and promoting Swachh Bharat initiatives or for any other purpose relating thereto. However, the SB Cess was to be levied from such date as may be notified by the Central Government after the enactment of the Finance Bill, 2015.

Credit of EC & SHEC can be used for payment of Service tax

October 30, 2015 25605 Views 1 comment Print

CG vide Notification No. 22/2015-Central Excise (N.T.) dated October 29, 2015 (“the Notification”) has amended the Credit Rules once again to allow use of Credit of Cess charged on Inputs, Input Services and Capital Goods received on or after June 1, 2015 for payment of output liability of Service tax on or after June 1, 2015 on similar line as was done for the manufacturers.

Draft GST Report on Returns under GST on public domain

October 22, 2015 7959 Views 0 comment Print

Key highlights of Draft Report on Returns under GST – 1. Every registered dealer is required to file Return for the prescribed tax period. A Return needs to be filed even if there is no business activity (i.e. Nil Return) during the said tax period of return; 2. Eight different types of Returns are prescribed viz. GSTR 1 to GSTR 8;

Rebate of Excise duty admissible on both inputs & final products

October 14, 2015 2987 Views 0 comment Print

Whether the Assessee is eligible to claim rebate of Excise duty paid on inputs used in exported goods as well the Excise duty paid on exported final products under Rule 18 of the Central Excise Rules, 2002 (the Excise Rules)?

Book Release 1st Edition of "GST – Introduction and Way forward"

October 9, 2015 5739 Views 0 comment Print

Key features of the Book: ♠ Present indirect taxes—shortcomings, double taxation, cascading. ♠ GST – Need and Necessity, what it is, how it works, etc. ♠ Journey of GST, Proposed model of GST in India and best international practices. ♠ Taxes to be subsumed and not to be subsumed in GST

Draft GST Reports on payment process, refund process and registration on public domain

October 7, 2015 3927 Views 0 comment Print

In order to engage with the stakeholders and invite comments from the public at large, Ministry of Finance has decided to make available the Draft Business Processes of GST. Following are the Draft Reports on GST available on public domain for virtual feedback of the public: Report of the Joint Committee on Business Processes for GST on Refund Process; Report of the Joint Committee on Business Processes for GST on Registration; Report of the Joint Committee on Business Processes for GST Payment Process.

No Excise duty Price-escalation not contemplated at or before time of removal :SC

October 7, 2015 1856 Views 0 comment Print

CCE Vs. Hitkari Fibres Ltd. (Supreme Court), Price-escalation which was not contemplated at or before time of removal, cannot form part of transaction value especially when there is no allegation of understatement of value – Duty is payable at place, price and time of clearance of goods

Analysis of CBEC clarification on chargeability of Service tax on GTA

October 7, 2015 3437 Views 0 comment Print

CA Bimal Jain Background: Goods Transport Agency (“GTA”) has been defined to mean any person who provides service to a person in relation to transport of goods by road and issues consignment note, by whatever name called. In addition to transportation services, GTA also provides various ancillary services such as loading/ unloading, packing/unpacking, transhipment, temporary […]

Order becomes null if based merely on statements of witnesses without allowing assessee to cross-examine them: SC

October 7, 2015 9273 Views 0 comment Print

Andaman Timber Industries Vs. CCE (Supreme Court) Not allowing assessee to cross-examine statements of witnesses, which were made basis of demand, is a serious flaw which makes order nullity, as it amounts to violation of principles of natural justice.

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