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Supply of medicines, drugs, stents etc., during treatment or medical procedure is not a ‘Sale’ and thus not exigible to VAT

April 7, 2015 4895 Views 0 comment Print

The dominant purpose of medical treatment is medical services and integral to such a service is a medical procedure that involves administering medicines and drugs and may involve, implants, stents etc., as integral to a successfully medical treatment/ procedure.

Input Tax Credit cannot be denied to Purchaser even if Seller of Goods has defaulted in complying with VAT Procedures

April 7, 2015 9828 Views 0 comment Print

Input tax credit availed by the petitioner could not be denied and there is no need to reverse the input tax credit availed by the purchaser of the goods on the grounds that the selling dealer has not filed returns or not paid taxes or they were unregistered dealers or their registrations were retrospectively cancelled.

Condition for availing duty exemption for Capital goods cleared against SHIS duty credit scrip

April 7, 2015 1001 Views 0 comment Print

Government has exempted the Capital goods specified in the First schedule and Second Schedule to the Excise Tariff Act, when cleared against a Status Holder Incentive Scheme duty credit scrip issued to a Status Holder by the Regional Authority in accordance with paragraph 3.16 of the Foreign Trade Policy from:

Levy of Interest/Penalty on ST payment which was not payable

April 7, 2015 2036 Views 0 comment Print

Tribunal and held that since amendment to the Service Tax Rules have come into effect on August 16, 2002 and it is only by way of amendment the liability of service recipient to pay Service tax on the Impugned Service arises otherwise there was no liability on the Respondent to pay Service tax during the period under dispute. Since the Respondent was not liable to pay Service tax, the Respondent is also not liable to pay Interest as well as penalty.

Service tax demand on amount credited/ debited to suspense account for period prior to 10.05.2008 is not exigible to Service tax

April 7, 2015 1703 Views 0 comment Print

The nature and character of the amendment decides whether an amendment made is declaratory or clarificatory and accordingly whether retrospective or not. A declaratory law is always prospective while clarificatory law is retrospective in nature;

Works Contracts exigible to Service tax even before June 1, 2007

April 7, 2015 2009 Views 0 comment Print

Service elements in a composite Works contract (involving transfer of property in goods and rendition of services), where such services are classifiable under CICS, COCS and ECIS are subject to levy of Service tax even prior to insertion of taxable service ‘Works Contract’ under Section 65(105) (zzzza) of the Finance Act i.e. prior to June 1, 2007.

Key Takeaways of Foreign Trade Policy, 2015-2020

April 2, 2015 3683 Views 0 comment Print

Foreign Trade Policy 2015-20 Unveiled: Aiming to nearly double India’s exports of goods and services to USD 900 billion by 2020 Commerce and Industry Minister Mrs. Nirmala Sitharaman unveiled the Prime Minister Mr. Narendra Modi-led government’s new Foreign Trade Policy, 2015-2020 (“FTP”) on April 1, 2015 at the Vigyan Bhawan, Delhi, thus laying down a […]

Doubtful fate of refund on Deemed exports

April 1, 2015 2977 Views 0 comment Print

The Hon’ble Prime Minister, in order to encourage Companies to manufacture their products in India has launched initiative named ‘Make in India’ on September 25, 2014. This had not only helped Indian manufacturers to enhance their capital base as there are proposed relaxations in the policy of Foreign Direct Investment but also produce their products […]

Aftermath of non-excisable goods being equated to exempted goods/ final products for Rule 6 of Cenvat Credit Rules, 2004

April 1, 2015 8747 Views 0 comment Print

Vide Notification No. 6/2015-CE(NT) dated March 1, 2015, Explanation-I to Rule 6(1) of the Credit Rules have been inserted to state that w.e.f March 1, 2015, for the purpose of this Rule, exempted goods and final products shall include non-excisable goods cleared for a consideration from the factory:

Interest on Wrong availment of Cenvat Credit but not utilised – a tale of never ending litigation and interpretational issues

April 1, 2015 70852 Views 5 comments Print

Over the years, Rule 14 of the Credit Rules has always been the matter of concern/ litigation for both the Revenue and the Assessee. Even the Courts have taken divergent views while interpreting the provisions of Rule 14 of the Credit Rules. Before we proceed to understand the changes made in Rule 14 of the […]

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