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Cenvat credit cannot be denied on inputs used in a process not considered as manufacture

June 25, 2013 2021 Views 0 comment Print

We are sharing with you an important judgement of the Hon’ble Customs, Excise and Service Tax Appellate Tribunal of Bangalore (the CESTAT) in the case of the CCE Vs. M/s Amar Roto Prints [2013-TIOL-926-CESTAT-BANG] on following issue: Issue: Whether Cenvat credit can be denied on inputs used in a process not considered as manufacture and […]

Electricity charge recovered from tenant not includible in renting of immovable property

May 26, 2013 15053 Views 0 comment Print

Whether electricity charges towards electricity consumed by tenant, recovered on actual basis by landlord are includible in value of renting of immovable property services?

Every audit objection doesn’t lead to invocation of extended period and levy of penalty

May 18, 2013 3332 Views 0 comment Print

The Hon’ble CESTAT held that every shortcoming noticed during Audit cannot be held as due to mala fide intention on part of Assessee so as to invoke extended period of limitation and levy the penalty.

Excise paid on Inputs and ST on Input services used in construction sector can be utilized for discharging ST liability on renting of immovable property

April 26, 2013 3084 Views 0 comment Print

The Hon’ble Tribunal has held that Excise duty paid on Inputs and Service Tax paid on Input services used in the construction of immovable property can be taken and utilized for discharging ST liability on the renting of such immovable property and granted unconditional waiver from the pre-deposit of the dues adjudged against the Appellant and stay recovery thereof during the pendency of the Appeal on the basis of relying upon the following case laws:

Services for installation of storage tank for storage of inputs outside factory are input services

April 22, 2013 1640 Views 0 comment Print

Whether Services in relation to erection, commissioning and installation of storage tank for storage of imported inputs/ammonia outside factory are eligible as input services?

No third time cess payable on DTA clearances from EOU to DTA

April 22, 2013 9167 Views 5 comments Print

 The Larger Bench of the Hon’ble Tribunal has held that no third time cess is payable on clearance from an Export Oriented Unit (EOU) to the Domestic Tariff Area Unit (DTA), which is subject matter of litigation for long now.

Whether Service Tax payable on service provided by way of erection of pandal or shamiana?

April 17, 2013 2258 Views 0 comment Print

The Central Board of Excise and Customs (the CBEC) vide Circular No. 168/3/2013, dated April 15, 2013 has issued clarification on following issue: Issue: Whether service tax is leviable on the activity of preparation of place for organizing event or function by way of erection of pandal and shamiana? Facts: The process of erection/laying of […]

FAQ on Service Tax Voluntary Compliance Encouragement Scheme, 2013

April 14, 2013 2545 Views 0 comment Print

Query -What is VCES? Reply- VCES is a new amnesty scheme introduced vide Chapter VI of the Finance Bill, 2013 (the Finance Bill), to encourage voluntary compliance by defaulter of Service Tax under Chapter V of the Finance Act, 1994 (the Finance Act).

New Forms for filing appeal under Customs, Excise & Service tax laws w.e.f. 1-6-2013

April 14, 2013 7021 Views 0 comment Print

Please note that the Central Government has amended the Customs (Appeals) Rules, 1982 [the Customs (Appeals) Rules] vide Notification No. 37/2013-Customs (N.T.) dated April 10, 2013. These rules may be called the Customs (Appeals) (Amendment) Rules, 2013 [the Customs Amendment Rules] which will come into force from June 1, 2013.  The Customs Amendment Rules has […]

CBEC should withdraw draconian circular – Recovery proceedings during pendency of stay application

April 3, 2013 1174 Views 0 comment Print

The Central Board of Excise and Customs (the CBEC or the Board) has issued its first Central Excise Circular No. 967/01/2013 – CX, dated January 01, 2013 (the Circular) on eve of New Year 2013, for recovery of confirmed demands during pendency of Stay applications. The Circular has rescinded seven previous circulars on the subject […]

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