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Service Tax - Highlights / Catch Notes

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CENVAT Credit - exempted activity or not - trading in mutual ...


Mutual Fund Trader Not a "Service Provider," Rule 6(3) Credit Reversal Demand Incorrect, Rules Court.

April 17, 2021

Case Laws     Service Tax     AT

CENVAT Credit - exempted activity or not - trading in mutual funds - The appellant cannot be termed as “service provider” because he only makes an investment in the mutual fund and earn profit from it which is shown in the Books of Accounts under the head “other income”. Hence the question of invoking Rule 6 does not arise and hence the Department has wrongly invoked the provisions of Rule 6(3) demanding the reversal of credit on the exempted services. - AT

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