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Indirect Tax News Update - Volume II Issue V, May 2015

Mumbai Tribunal in the case of Reliance Infratel Ltd v CST allowed the appeal filed by assessee, and held that inputs used for erection of Telecom Towers cleared as goods from the supplier & covered under "Capital Goods" and defined under Rule 2(a)(A) (i) of Cenvat Credit Rules, 2004 were admissible as credit under Rule 2(k) (ii) for providing output service i.e., Business Support Service.


Author : BSA Taxation Team
Date : May 1, 2015
 
 
Indirect Tax News Update - Volume II Issue IV, April 2015
In a recent case, Muthoot Finance Ltd. vs. Union of India & Others, Kerala HC allowed assessee‟s writ by holding that assessees are not liable to pre-deposit 7.5% of confirmed tax, after referring to prima facie view taken by Division Bench of Telangana & AP HC that, inasmuch as the lis in question commenced prior to introduction of amendment to Finance Act with effect from August 2014, assessee's right of appeal as per the erstwhile provisions of law would not be affected by provisions introduced in 2014. 
Author : BSA Taxation Team
Date : April 1, 2015
 
 
Indirect Tax News Update - Volume II Issue III, March 2015
Madras HC in the case of Southern Properties & Promoters vs. CCE dismissed the appeal filed by assessee, and held that assessee cannot plead entitlement of Notification No. 29/2007-ST benefit relating to ‘works contract’, in view of the specific admission by assessee before the Adjudicating Authority that the services provided would fall u/s 65(105)(zzzh).

Author : BSA Taxation Team
Date : March 2, 2015
 
 
Indirect Tax News Update - Volume II Issue II, February 2015

SC in the case of CCE, CC & CST vs. Kuttukaran Trading Ventures, had dismissed the Special Leave Petition (SLP) filed by Revenue challenging the taxability of repair-ing / rebuilding of parts of motor vehicles under “maintenance or repair services” u/s 65(64) of Finance Act. SC upheld the view of Kerala HC that definition of ‘management, maintenance or repair’ service excludes servicing of ‘motor vehicles’ and hence, no tax would be payable by assessee. Kerala HC had rejected Tribunal findings that exclusion would be available only if motor vehicle is brought to service centre and then dismounted for repair and not when motor vehicle dismounted at different place and engine / part thereof brought in knocked down condition to service centre for repairs. 

Author : BSA Taxation Team
Date : February 1, 2015
 
 
Indirect Tax News Update - Volume II Issue I, January 2015

CBEC vide. Notification No. 23/2014-St dated December 5, 2014, has amended Rule 5A (2) of Service Tax Rules, 1994. It has been notified that Cost accountants or char-tered accountants nominated under 72A of Finance Act, would now be authorized to demand production of cost audit reports, income tax audit report (if any) u/Sec 44AB of Income Tax Act, 1961 and other records maintained under sub-rule 2 of Rule 5, for scrutiny.

Author : BSA Taxation Team
Date : January 1, 2015
 
 
 
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