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21.06.2012 - Voice of CA Presents - Updates
Thursday, June 21, 2012

  I.  Today's News:   

  1. Notification for submission of T-1 form within 48 hours of movement of Goods  (Click for detail)

  2. FM :14 more services get tax rebate  (Click for detail)

  3. FM releases booklet on new law relating to service tax - new exemptions announced – Press Release  (Click for detail)

  4. Taxation of Services - An Education Guide – Press Release  (Click for detail)

  5. CX Notification No. 28 - CENVAT Credit (Sixth Amendment) Rules, 2012 - Refund of CENVAT credit to service providers providing services taxed on reverse charge basis  (Click for detail)

  6. Service Tax Notifications:


II.  Useful Analysis & Case laws on Service Tax:

1.   Analysis of Amendment in Service Tax (Determination of Value) Rules, 2006 by NN 24/2012ST Dated: 06.06.2012

(Please click here for Analysis)


2.  Commissioner of Central Excise, Bangalore-III Vs. Bharat Heavy Electricals Ltd. (HC OF KARNATAKA), C.E.A. NO. 83 OF 2010, Date: 10.02.2011 (In favour of Assessee)


This appeal is preferred by the revenue challenging the interim order of stay in particular the order directing the appellant to pay 10% of the demand as security while entertaining the appeal.

The learned counsel for the respondent submits that in view of the amendment to the CENVAT Credit Rules in 2010 providing for proportionate credit, the order which is challenged in appeal has been recalled by the authorities and therefore, the appeal itself has become infructuous.


When the order challenged in the appeal before the Tribunal itself is not in existence, this appeal filed against the interim order in that appeal certainly is not maintainable.

(Please click here for judgment)


3.   Commissioner of Central Excise, Bangalore-I Commissionerate Vs. IFB Industries Ltd. (HC KARNATAKA), CEA NO. 113 OF 2010, Date: 08.04. 2011 (In favour of assesse)


Assessee, a manufacturer, availed Cenvat credit of service tax paid on outdoor catering service availed for its factory canteen. Said credit was denied to assessee by lower authorities. However, Tribunal allowed Cenvat credit to assessee.


High Court, in an identical issue in CCE v. Stanzen Toyotetsu India (P.) Ltd. [2011] 32 STT 244/12 101 (Kar.), allowed Cenvat credit on outdoor catering service to a manufacturer. Same decision had been given by HC in this case also and passed the order in favour of assessee.

(Please click here for judgment)


Key of Success :

"The ducks looks smooth and calm on top of water,
but under that there is restless pedaling.
Nothing is worth without strive and struggle in real life


Thanks for your valuable time


"Voice of CA"  

CA. Sanjay 'Voice of CA' Agarwal
Mob: 9811080342,      
CA. Sidharth Jain, Co-Moderator  
CA. Mukesh K Bansal, Co-Moderator-FEMA 

CA. Avinash Gupta, Co-Moderator-International Taxation 


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