Thursday, June 21, 2012 |
I. Today's News:
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) Issue: 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. Held: 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) Issue: 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. Held: High Court, in an identical issue in CCE v. Stanzen Toyotetsu India (P.) Ltd. [2011] 32 STT 244/12 taxmann.com 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)
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