Refund claims under rule 5 of the CENVAT Credit Rules, 2004 Circular No. 195/05/2016-Service Tax F. No. 137/62/2015-Service Tax Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs Service Tax Wing *** New Delhi, dated 15th June, 2016 To All Principal Chief Commissioners of Central Excise All Chief Commissioners… Read More »
THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 14th May, 2016 No. 27/2016 – Central Excise (N.T.) G.S. R. 512(E).—In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944), section 94 of the Finance Act, 1994… Read More »
The Larger Bench of New Delhi CESTAT, held that the passive infrastructure companies hiring out telecom towers, to telecom companies, taxable under ‘Business Auxiliary/Support Services’, are not eligible to claim CENVAT Credit of MS Steel Angles/parts, pre-fabricated shelters parts, etc. used in erection of such towers. In the said case, the assessees were providing ‘business… Read More »
Held In the case of DRP Malleables (P.) Ltd. the Tribunal held that Chartered Accountant Service is specifically covered under the scope of input service and the assessee is eligible for availing credit. In my considered view, the Chartered Accountant Service related to day-to-day service cannot be reason for denial of CENVAT credit. So, the… Read More »
CENVAT CREDIT (FIFTH AMENDMENT) RULES, 2016 – AMENDMENT IN RULES 4 AND 6 NOTIFICATION NO.24/2016-C.E.(N.T.), DATED 13-4-2016 In exercise of the powers conferred by section 37 of the Central Excise Act,1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to… Read More »
Held Cenvat Credit on Insurance Service So far as the cenvat credit on insurance service is claimed, the exclusion of such service in certain events has been incorporated into the law with effect from 01.04.2011. That is only in respect of the insurance coverage given to employees during journey availing leave travel concession. But that… Read More »
Amendments in CENVAT Credit Rules The CENVAT Credit Rules have been amended vide Notification Nos. 01/2016- CX (N.T) and 02/2016- CX (N.T), both Dated: February 03, 2016 as follows: For the purpose of definition of Input Services,sales promotion would include services by way of sale of dutiable goods on commission basis. The condition of allowing only 85% of… Read More »
Held As per Rule 1(2) of CCR the Cenvat Credit Rules do not apply to taking of Cenvat Credit of Service Tax. Therefore, Cenvat Credit taken with respect to services availed in the state of Jammu & Kashmir, has been correctly denied to the appellant. CESTAT, KOLKATA BENCH Vodafone Essar Spacetel Ltd. v. Commissioner of… Read More »
Issue Is endorsed bill of entry a valid document for claiming cenvat credit? Held In this case it is not disputed the receipt of the material and duty paid on that. The appellant is entitled for cenvat credit on the basis of endorsed bill of entry which, according to me, is a valid document for… Read More »
Seeks to amend CENVAT Credit Rules, 2004, so as to i. specify that the Cenvat credit of any duty specified in sub-rule (1) shall not be utilized for payment of the Swachh Bharat Cess. ii. allow credit of service tax paid on sale of dutiable goods on commission basis. [TO BE PUBLISHED IN THE GAZETTE… Read More »