Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

M/s Arm Embedded Technologies Pvt Ltd Versus Commissioner of Central Excise, Customs and Service Tax

Refund of un-utilized Cenvat Credit - 100% EOU - appellant is exporting entire taxable services in terms of Export of Service Rules 2005 - two different yardstick, one for permitting credit and the other for eligibility for granting rebate - Held that:- the impugned order is not sustainable in law in view of the fact that all the services for which CENVAT credit of service tax has been denied are in fact input services and the appellant is entitled to get refund of CENVAT credit lying unutilised .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

registered with STPI for exporting IT services and is registered with the service tax department among others under the category of information technology software services and business auxiliary services. The appellant rendered services to ARM Ltd., U.K. as per their research and development service agreement dated 01.08.2005 and in the course of rendering taxable output services, the appellant consumes various input services and pay service tax on those input services. Since the appellant is e .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ted 29.09.2010 to show cause as to why the refund claim of ₹ 46,69,544/- should not be rejected. The appellant filed detailed reply to the show-cause notice. But the learned Assistant Commissioner rejected the entire claim of the appellant vide order-in-original dated 08.03.2011 and thereafter the appellant filed appeal before the Commissioner who vide order dated 14.12.2011 ordered for allowing the refund on few input services namely i) telecommunication service ii)management consultancy .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s service vi) club or association s membership service vii) company secretary s service viii) courier service ix) information technology software service x) insurance business services xi) internet telephony services xii)manpower recruitment or supply of agency service xiii) online information and data base access and/or retrieval services xiv) outdoor caterer s services and xv) sponsorship services. The CENVAT credit relating to these services amounts to ₹ 8,05,119/-. Aggrieved by the sa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

is not considered as having nexus with the output services rendered. He further submitted that the definition of input service as prescribed in Rule 2(l) of CENVAT Credit Rules 2004 include all the services which are rendered in relation to business and the various courts have given very vide interpretation to the definition of input service. He further submitted that the input services in relation to which the refund has been claimed are integral to the business operation of the appellant and a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Ltd [2011-TIOL-762-CESTAT] 4) Business Auxiliary service: i) ITC Ltd Vs CCE [2010(17)STR 148] ii) Mangalam Cement Ltd Vs CCE [2010(24)STT 315] iii) Lanco Industries Ltd Vs CCE [2009-TIOL-1209] 5) Chartered Accountant s services: i) Utopia India Pvt Ltd Vs CST Bangalore[2011(23)STR 25 (Tri-Bang)] ii) Heartland Bangalore Transcription Services (P) Ltd Vs CST Bangalore [2011(21)STR 430(Tri-Bang)] iii) CCE Visakhapatnam Vs M/s Andhra Pradesh Paper Mills Ltd [2010-TIOL-904-CESTAT-Bang] iv) CST Vs Con .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ducts India Ltd [(2009) 22 STT 36 (Tri-Bang)] 10) Information Technology software service: i) Dell International services India Pvt Ltd Vs CCE [2009-TIOL-1957-CESTAT-Bang] 11) Internet telephone services: i) Mundra Port & Special Economic Zone Ltd Vs CCE [2009(13)STR 178] ii) Metro Shoes Pvt Ltd Vs CCE [2008(10)STR 382] 12) Manpower recruitment agency s services: i) Utopia India Pvt Ltd Vs CST Bangalore [2011(23)STR 25 (Tri-Bang)] ii) CCE Vs Deloitte Tax Services India (P) Ltd [2008(11)STR 2 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ervices and such refund cannot be denied when the availment of CENVAT credit has not been questioned. In support of this he relied upon the decision in the case of CST Delhi Vs Convergys India Pvt Ltd [2009-TIOL-888-CESTAT-DEL] wherein it was held that without questioning the availment of CENVAT credit, the eligibility to rebate/refund cannot be denied and that there cannot be two different yardstick, one for permitting credit and the other for eligibility for granting rebate. Whatever credit ha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the said intention was further reflected in the Notification No. 5/2006. On the other hand learned A.R. reiterated the findings of the Commissioner. 3. I have heard both sides and perused the material on record and has also gone through the judgments cited by the appellant wherein CENVAT credit has been allowed in respect of various input services used by the appellant for discharge of export services and here it is pertinent to mention the definition of input services as contained in Rule 2(l) .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     Latest Happenings     ↓  

Notification: Rate of exchange of conversion of the foreign currency with effect from 22th September, 2017

Forum: Trans1 return

News: Exchange Rate of Foreign Currency Relating To Imported and Export Goods Notified

Forum: Credit on Repair of Company Car & Its Insurance

Circular: Promote the officers of the Indian Revenue Service (Customs and Central Excise) to the grade of Principal commissioner of customs, GST & CX

Circular: Allocate the charges amongst the Members of the Central Board of Excise and Customs

Circular: Strategy for audits in 2017-18 consequent to GST - Audit by Central Excise and service Department to continue for the accounting year 2016-17 and for the past period

Circular: Appoint the IRS (C&CE) officers as Principal Commissioner (Revision Application) and ex-officio Additional Secretary

Circular: Time limit for filing intimation for composition levy under Rule 3(1) of the CGST Rules, 2017 extended to 16-8-2017

Circular: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Central Goods and Service Tax Rules, 2017

Circular: C.B.E. & C. Advisory on Customs related matters on introduction of Goods and Services Tax regime

Circular: List of Reduced Tax Liabilities under GST regime in comparison to present combined Indirect Tax rates

Circular: Works Contract for construction of Flats, Complex — Builders to pass on GST benefit to buyer otherwise anti-profiteering provisions of Section 171 of GST Act to apply

Circular: Clarification regarding applicability of section 16 of the IGST Act, 2017, relating to zero rated supply for the purpose of Compensation Cess on exports – Regarding.

Circular: Clarification on Inter-state movement of various modes of conveyance, carrying goods or passengers or for repairs and maintenance- regarding

Forum: Duty Drawback & Input Credit - under GST

News: RBI Reference Rate for US $

Highlight: Addition u/s 23(1)(a) - deemed rent - once the property is let out and at any point of time this remained vacant during the same cannot be brought to tax under the head House properties income.

News: Haryana constitutes screening committee on anti-profiteering

Highlight: Valuation of imported goods - it is necessary to re-examine the matter of both license agreement as well as supply contract simultaneously, to see if the enhanced royalty was in the guise of adjustment of the price of components.

Notification: Levy of anti dumping duty on New/unused pneumatic radial tyres with or without tubes and/or flap of rubber (including tubeless tyres) having normal rim dia code above 16 originating in, or exported from China PR

Highlight: Cenvat credit availed on Club Membership for the Director is not admissible as it cannot be said to be remotely connected with the activity of manufacture

Circular: Amendments in Hand Book of Procedures 2015-20 –reg.

News: Jaitley asks biz not to wait till last day to file GST returns

Circular: Implementing Electronic Sealing for containers by exporters under self-sealing procedure prescribed by Circular 26/2017-Cus dated 1st July, 2017 and Circular 36/2017 dated 28 th August, 2017. — reg.

Article: 20 Things You must know about E Way Bills in GST Law

Article: ‘DUTY DRAWBACK’ CANNOT BE EQUATED WITH ‘REBATE OF DUTY’

Highlight: Notification regarding GST rate for branded cereal, pulses and flour

News: Notification regarding GST rate for branded cereal, pulses and flour

Highlight: Anti-dumping duty on import of bus/truck tyres from China

Highlight: Cabinet approves Extension of time period of the Scheme "Special Industry Initiative for J&K" (Sll J&K) - Udaan

Highlight: Non-payment of service tax - maintenance and repair charges - appellants had knowingly and deliberately shown the repair charges as job work charges to mislead about their taxability - demand confirmed.

Highlight: BAS - execution of the project of smart card for vehicle registration – implementing the SOC-VRC project - The fact that the Government has outsourced some part of the work and paid certain consideration for such outsourced work, does not make the activity subject to service tax.

News: Cabinet approves Extension of time period of the Scheme "Special Industry Initiative for J&K" (Sll J&K) - Udaan

Highlight: Constitution of National Anti-profiteering Authority (NAA) under GST-reg. - Trade Notice

Highlight: Amendments in Hand Book of Procedures 2015-20 –reg. - Various amendments are made in Chapter-4 of Hand Book of Procedures 2015-2020.

Circular: Constitution of National Anti-profiteering Authority (NAA) under GST-reg.

Highlight: Sharing of expenses - BAS - promotion of business of group companies - sharing of expenditure for common facilities cannot be treated as service by one to another in such arrangement.

News: RBI Reference Rate for US $

Article: Credit of unsold stock [Section 140(3)] - Actual Credit as well as Notional Credit - Part-I - GST Transitional provisions

Circular: Certain Clarifications sought on Construction Services provided in the Real Estate Sector – reg.

News: Anti-dumping duty on import of bus/truck tyres from China

News: Fast-track GST refund, else ₹ 65K cr may be stuck: Exporters

Highlight: It is open to the Settlement Commission to use best judgment in arrival of the figure. Nonetheless it has to explain the manner in which the best judgment figure has been arrived at by the Settlement Commission - HC

Highlight: Deemed dividend u/s 2(22)(e) - advances given to societies - in the absence of legal right of the assessee in the said society the amount advanced cannot be treated as deemed income.

Highlight: When electrical installations are treated as plant and machinery the depreciation has to be allowed @ 25% as per provisions contained u/s 32

TMI Note: Capital Gain - transfer of right in the land or transfer of land itself - addition u/s 50C - Harassment to the honest tax payers

Highlight: Option to avail composition scheme under GST by electronically filing an intimation in FORM GST CMP-02 and FORM GST ITC-03 upto 30-9-2017 - See Rule 3(3A)

TMI Note: Does ICDS apply for the purposes of computing exemption u/s 11 to 13.

Highlight: Voluntary Reporting of Estimated Current Income and Advance Tax Liability - CBDT issues draft notification



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version