Tag Archives: Case Laws

Refund of CENVAT Credit in case of 100% exporter of services

Refund of CENVAT Credit in case of 100% exporter of services Held Since in the present case, 100% services are exported therefore total turnover and exports turnover will come to the same amount and accordingly entire Cenvat credit availed by the appellant irrespective of any period shall become refundable,

Bar of Application for Advance Ruling Where Matter Pending Consideration before income tax Authorities

Bar of Application for Advance Ruling Where Matter Pending Consideration before income tax Authorities Section 245R (2) provides for the rejection of application for advance rulings. The said section provides that the Authority may, after examining the application and the records called for, by order, either allow or reject the application. The proviso to this […]

Exemption of goods manufactured at construction site

Exemption of goods manufactured at construction site Circular No. 1036/24/2016-CX,F. No. 68/1/2016-CX.I,Government of India,Ministry of Finance,Department of Revenue,Central Board of Excise and Customs,New Delhi. dated the 6th July. 2016 Sub:- Scope of word ‘site’ appearing in Notification No. 12/2012-Central Excise, dated 17.03.2012-reg

Software developer cannot be compared with service provider

Software developer cannot be compared with service provider Transfer Pricing: Companies in software development services not comparable with those in development of software products and services Brief of the Case ITAT Bangalore held in the case of GXS India Technology Center Pvt. Ltd. vs. ITO that a company which is engaged in development of software […]

Services having indirect nexus with business are Input services

Services having indirect nexus with business are Input services Inputs services also include services having some sort of indirect nexus with the assessee’s business activities Brief of the case: The CESTAT Mumbai in the case of Sudarshan Chemical Industries Ltd. vs. CCE (A) held that input services not only cover services of falling in the […]