Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

2018 (3) TMI 509

ain premises were not registered with the Department thereby making those input services used in such premises ineligible for credit - non-payment of interest on delayed payment of Service Tax - Held that: - the assessee-Appellants have provided marketing and promotion service which is, admittedly, covered under ‘Business Auxiliary Service’ - admittedly, the services are provided in pursuant to the agreement between the assessee-Appellants and RIM, Singapore, and the beneficiary is RIM, Singapore, who paid the consideration for such services. The legal position by now is well settled in such situation that the services are to be considered as exported out of India - decided in favor of appellant. - CENVAT credit for unregistered premise .....

X X X X X X X

Full Text of the Document

X X X X X X X

for promotion and marketing of products and services of the client under the category of Business Auxiliary Service in terms of Section 65(19) of the Finance Act, 1994. Further, the assessee-Appellants availed Cenvat Credit of various input services. Certain credits availed during the period 2006-07 and 2008-09 were sought to be denied on the ground that certain premises were not registered with the Department thereby making those input services used in such premises ineligible for credit. Third dispute is with reference to non-payment of interest on delayed payment of Service Tax with respect to book adjustments made in May, 2008 between the assessee-Appellants and RIM, Singapore. The Revenue held a view that, though the book adjustment i .....

X X X X X X X

Full Text of the Document

X X X X X X X

T, New Delhi, 2014 (36) STR 766 (T-Del.). In fact, the impugned order relied upon the interim order of the Tribunal in the case of Microsoft Corporation (I)(P) Ltd. (supra), which was not sustained in the final order; (ii) Regarding receipt of foreign exchange for such exported services, it is submitted that they have received foreign exchange through the bank and drawn the money in Indian rupee in India as no Indian rupee can be transferred from Singapore to assessee-Appellants in India. The transfer of consideration for export of services should all alone be done in foreign exchange only. Singapore dollar, being a convertible foreign exchange, fulfils the conditions of Rule 3 of Export of Service Rules, 2005. Alternatively, it is submitte .....

X X X X X X X

Full Text of the Document

X X X X X X X

e submits that the assessee-Appellants did not bring in detail the actual transfer of foreign exchange from Singapore bank to the bank of assessee-Appellants in India. Further, he submits that the receipt of consideration in convertible foreign exchange is a pre-condition to consider any service as exported out of India. In the present case, such condition should be made applicable for all the period under dispute. 6. After hearing both sides and on perusal of the material available on record, we note that the assessee-Appellants have provided marketing and promotion service which is, admittedly, covered under Business Auxiliary Service (BAS). BAS is a category (iii) service for which the provision of service is determined by the location o .....

X X X X X X X

Full Text of the Document

X X X X X X X

adjustments already made prior to the said amendment. That being the case, we find that no interest liability can be accrue on the entry already made as debit or credit, but available in the books on the date of amendment. Accordingly, the impugned order is not sustainable on this count. 9. We also note that in pursuant to the very same agreement, the assessee-Appellants claimed the refund under Rule 5 of the Cenvat Credit Rules, 2005 which was allowed by the Commissioner (Appeals). The Revenue has filed an appeal against the said order. From the record, we find that the said appeal of the Revenue was dismissed by the Tribunal vide Final Order No. 50837/2017 dated 09.02.2017. 10. In view of the above discussion and analysis as well as the .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||