Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Eligibility of claiming CENVAT credit for service tax paid on renting immovable property services. The lower authority denied the credit, considering it as a service related to setting up premises, which was removed from the definition of input service u/r 2(l) of CENVAT Credit Rules, 2004 with effect from 01.03.2011. However, the Tribunal held that renting immovable property service is directly used for providing the output service, and hence covered under the main clause of the input service definition. The exclusion of "setting up" from the inclusion clause does not impact this, as the inclusion clause is merely clarificatory. The Tribunal relied on the NAVIN FLOURINE case, which allowed CENVAT credit for such services, as they were used in relation to manufacturing the final product. Since renting immovable property service is not covered under the exclusion clause, even after 01.04.2011, it continued to be an admissible input service for availing CENVAT credit. Consequently, the demand for denying CENVAT credit was set aside, and the appeal was allowed.
Eligibility of claiming CENVAT credit for service tax paid on renting immovable property services. The lower authority denied the credit, considering it as a service related to setting up premises, which was removed from the definition of input service u/r 2(l) of CENVAT Credit Rules, 2004 with effect from 01.03.2011. However, the Tribunal held that renting immovable property service is directly used for providing the output service, and hence covered under the main clause of the input service definition. The exclusion of "setting up" from the inclusion clause does not impact this, as the inclusion clause is merely clarificatory. The Tribunal relied on the NAVIN FLOURINE case, which allowed CENVAT credit for such services, as they were used in relation to manufacturing the final product. Since renting immovable property service is not covered under the exclusion clause, even after 01.04.2011, it continued to be an admissible input service for availing CENVAT credit. Consequently, the demand for denying CENVAT credit was set aside, and the appeal was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
