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Assessee not prohibited from paying tax on services exempted under a notification

February 25, 2015 2573 Views 0 comment Print

M/s Deloitte Haskins and Sells (the Appellant) is a firm providing services of practising Chartered Accountant and Management Consultancy services to clients in India and abroad. The Appellants were operating from the different locations, each with a separate Service tax registration number and the accounting operations were carried out from Worli address (registered unit).

No extended period if demand arose out of correct figures shown in ST-3 Returns

February 25, 2015 1592 Views 0 comment Print

The Hon’ble CESTAT, Ahmedabad, relying on the decision in the Meghmani Dyes case, held that if prescribed Returns are filed by Assessee giving correct information, then extended period of limitation cannot be invoked.

Composite Show cause Notice – Apportionment of liability based upon past figures?

February 25, 2015 1144 Views 0 comment Print

Modern Industrial Enterprises (MIE) and Florida Electrical Industries Ltd. (FIEL) (collectively referred to as ‘the Assessees’ were subject to independent search operations by the Central Excise Authorities on September 22, 2001

Cenvat credit cannot be denied at the end of recipients of goods, on the premise that higher duty been paid by manufacturer

February 25, 2015 1342 Views 0 comment Print

The Hon’ble Supreme Court in the case of MDS Switchgear Pvt. Ltd. [2008 (229) ELT 485 (S.C.)], has held that Cenvat credit cannot be denied at the end of the recipients of the goods on the premise that higher duty has been paid by the manufacturer.

Subsequent reversal of Cenvat credit initially availed but not utilized, tantamount to non-availment of Cenvat credit

February 25, 2015 1444 Views 0 comment Print

Hon’ble Apex Court judgment in the case of Chandrapur Magnet Wire (P) Ltd. Vs. CC, Nagpur [1996 (81) E.L.T. 3 (S.C.)], held that since the Cenvat credit initially taken was reversed without being utilised by the Assessee, it is to be treated as if the Assessee has not taken the Cenvat credit and hence, would be eligible for the exemption benefit under the Exemption Notification.

Works contract executed for SEZ units cannot have zero rating benefit

February 25, 2015 11063 Views 1 comment Print

Tulsyan Nec Limited (the Petitioner) was engaged in the manufacture of High Tensile Fasteners, Gear Shifters etc., and its factory was located in Special Economic Zone (SEZ). The Petitioner was awarded contracts for construction of their factory building and related infrastructure in SEZ.

Pre-deposit has to be waived off if Assessee’s case is a good/ strong prima facie case covered by a binding precedent

February 25, 2015 3016 Views 0 comment Print

Shukla & Brothers (the Appellant) is a proprietorship firm registered under Service tax under the category of ‘Construction Work’. However, under some confusion and misguidance, the Appellant was issued registration under ST-2 in the category of ‘Civil Structure Construction Work’. The Appellant claimed that the services provided are of maintenance/ sanitation services provided at factory premises of clients, which does not fall within the Service tax net.

Contractee liable to deduct and Pay TDS on Works contract despite possible refund claim by contractor

February 25, 2015 7208 Views 0 comment Print

The fact that NECL could seek refund of the tax paid as per the State Government Order G.O.Ms. No. 609 dated May 29, 2006, issued in terms of Section 15(1) of the AP VAT Act, will not absolve KPCL of their statutory obligation to deduct TDS;

Time limit prescribed for filing refund U/s. 27 of Customs Act, 1962 cannot be made applicable to duty paid by mistake

February 25, 2015 4356 Views 0 comment Print

In the present case, a Thailand based Company, Italian Thai Development Public Company Limited and an Indian Public Company, ITD Cementation India Limited having its place of business in Salt Lake City, Kolkata decided to establish a Joint Venture Organisation – ITD-ITD CEM JV.

Government notifies Rules for new Indian Accounting Standards

February 24, 2015 1983 Views 0 comment Print

The Ministry of Corporate Affairs vide Notification dated February 16, 2015 has issued the Companies (Indian Accounting Standards) Rules, 2015, thereby notifying Roadmap for applicability of Indian Accounting Standards (Ind AS) for compliance by the class of companies specified in the said Rules. Following companies shall comply with the Ind AS for the accounting periods […]

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