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    34 FOREIGN DIRECT INVESTMENT PROPOSALS CLEARED
    GOVERNMENT APPROVES FOLLOWING CHANGES IN FDI POLICY RELATED TO CIVIL AVIATION
    Scope of "Rent-a-Cab Service" within the provision of Chapter V of Finance Act, 1994 (Service Tax)
    Refund of Service Tax Paid on non taxable services which became taxable from a later date
    Service Tax - Draft format of list of records to be submitted with the Superintendent of Central Excise / Service Tax under rule 5
    Taxability of Outsourcing Services carried out by a Practicing Chartered Accountant under the provisions of Service Tax
    Provisions amended to disallow excise duty exemption to units involved only in peripheral activities in HIMACHAL PRADESH and UTTARAKHAND
    Income Tax - In case AO did not agree with the Assessee, it does not mean that the Assessee had furnished inaccurate particulars. Penalty u/s 271(1)(c...
    In a very recent landmark judgment honorable Supreme Court has defined the issue on levy of Sales Tax and Service Tax on the same transaction - Decisi...
    Service Tax is not payable on reimbursable expenses
    GTA - Where on consignment note is being issued by the transporter - what is the responsibility Service Tax on the recipient of services.
    CBEC clarifies the issue of Cenvat Credit for the purpose of payment of Service on Execution of Works Contract
    CBEC clarifies the issue of Cenvat Credit for the purpose of payment of Service on Renting of Immovable Property
    Service Tax - Furnishing of List of Records and Access to Registered Premises - Service Tax Rules, 1994 amended
    EXPORTS UP BY OVER 26.82% - INDIA'S FOREIGN TRADE DATA: APRIL-NOVEMBER 2007
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    January 31, 2008
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    Foreign Direct Investment approvals cleared across multiple sectors, permitting equity inductions, conversions and downstream investments.
    The authority cleared thirty four foreign direct investment proposals across multiple ministries authorising induction of foreign equity, formation of joint ventures or wholly owned subsidiaries, issuance of convertible instruments, and conversion of operating companies into operating cum holding companies to enable downstream investments; approvals include fresh inflows, post facto regularisations, share swaps, offshore fund contributions and permitted use of FCCBs, while certain proposals were deferred, one was referred for higher level consideration and three were rejected.
    January 31, 2008
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    Foreign investment limits in civil aviation updated; new sectoral caps and NRI exemptions permit broader participation.
    Government updates FDI in civil aviation: Domestic Scheduled Passenger Airline retains a foreign ownership cap while NRIs may fully own; Non Scheduled, Chartered and Cargo Airlines and Ground Handling Services may accept higher FDI on the automatic route subject to no direct or indirect foreign airline participation and, for ground handling, sectoral regulations and security clearance; Maintenance and Repair Organizations, flying and technical training institutes, and DGCA approved helicopter/seaplane services are eligible for full foreign investment on the automatic route.
    January 29, 2008
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    Rent-a-cab service scope excludes per-trip transport where possession remains with the operator, affecting service tax applicability.
    The Chapter V charge applies to services by a rent-a-cab scheme operator relating to the renting of a cab; it does not cover all transport or vehicle-hire services. When possession remains with the operator and transport is provided only on a per-trip basis upon request, there is no renting of the cab to the client and such per-trip transport falls outside the scope of the rent-a-cab service for service tax purposes.
    January 29, 2008
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    Refundability of tax paid under protest when a service is later reclassified as taxable considered in administrative review.
    The issue concerns whether amounts paid under protest in response to a departmental demand for a service not taxable at the time are refundable when that service is later encompassed by a newly notified taxable service category; the analysis focuses on classification change, preservation of contestation by deposit under protest, and administrative review of the refund claim.
    January 29, 2008
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    Submission of records under Service Tax Rules: list required to be filed with the Superintendent alongside ST-3 return.
    Rule 5 of the Service Tax Rules, 1994 (as amended) requires assessees to submit a duplicate list of records maintained for service tax purposes to the Superintendent; registered assessees who have filed ST-3 earlier must submit by the prescribed due date, others with their first ST-3. Suggested draft letters (for non manufacturers and for those also engaged in manufacturing) list records to be disclosed, including service registers, Cenvat credit registers for input services and for inputs and capital goods, cash and bank books, ledgers, trial balance/balance sheet, audit report and accounting software used.
    January 27, 2008
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    Professional classification of outsourcing services by chartered accountants found inapplicable, excluding those services from service tax liability.
    Routine meter reading, billing, ledger posting and related manual clerical tasks performed by unskilled personnel and outsourced by companies were characterised as operational outsourcing rather than a professional accounting service of a practicing chartered accountant. The staff were not trained under the professional regime and similar work was outsourced to non chartered parties, placing the services outside the scope of the professional activity that attracts service tax under the controlling service tax notification.
    January 20, 2008
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    Exclusion of peripheral activities from excise duty exemptions restricts benefits to units performing genuine manufacturing and requires quarterly reporting.
    Amendments exclude excise duty exemption for units in Himachal Pradesh and Uttarakhand that undertake only peripheral processes-such as packing, re packing, labeling, alteration of retail sale price, cleaning, sorting or preservation-so such units must pay duty under normal procedure; a quarterly return (Form A) must be filed by assessees availing the notifications with the jurisdictional Central Excise Commissionerate.
    January 15, 2008
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    Penalty for inaccurate particulars not supportable when a reasonably arguable depreciation claim exists and machinery was passively used.
    A disagreement by the Assessing Officer over a depreciation claim does not, by itself, establish furnishing of inaccurate particulars for penalty purposes. Depreciation is allowable where the asset is owned and used for the purposes of the business, and passive maintenance so the plant is ready for use qualifies as such. If the assessee's position is a plausible statutory interpretation taken in good faith, penalty under the inaccurate-particulars provision is not warranted.
    January 12, 2008
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    Levy separation: service tax and VAT treated as mutually exclusive, taxes applied to distinct contract elements.
    Payments of service tax and value added tax are mutually exclusive and must be applied according to their respective parameters. In composite contracts containing both goods and services, tax liability should be attributed to the nature of each separable element rather than taxing the entire contract under sales tax. Goods, whether tangible or incorporeal, must be deliverable to attract sales tax, and earlier precedent taking a contrary approach is disapproved.
    January 11, 2008
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    Reimbursable expenses exempt from service tax when contract expressly provides reimbursement; tribunal permitted deduction of such expenses.
    Service Tax is not payable on reimbursable expenses where the contract expressly segregates commission from reimbursable costs; specific items (accountant salary, godown keeper, steno, office maintenance, computer programmer salary, computer installation) identified as reimbursable were allowed as deductions and excluded from the taxable value.
    January 11, 2008
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    Consignment note requirement: failure to issue bills does not excuse non compliance and triggers statutory obligations for transport services.
    The tribunal held that compliance with mandatory statutory formats cannot be avoided on grounds of administrative difficulty or illiteracy; transporters are obliged to issue a consignment note, bills or challans as required by service tax rules, and failure to do so constitutes non-compliance, placing responsibility on taxpayers to engage transporters who observe the statutory regime.
    January 5, 2008
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    Cenvat credit exclusion for goods in works contracts affirmed; excise duty on transferred goods not creditable under CENVAT rules.
    Cenvat credit is not available for excise duty on goods transferred in execution of works contracts because valuation for works contract service excludes value attributable to such transfer; providers cannot claim Cenvat credit for that excise duty. A composite construction-related service must be classified by its nature and cannot be reclassified based on receipt timing to avail the Composition Scheme, so prior payers under other construction-related services are ineligible to switch classification solely for scheme access.
    January 5, 2008
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    Cenvat credit denial for construction inputs: credit unavailable where immovable property is not treated as service or goods.
    The right to use immovable property is leviable under renting of immovable property service, and construction or works contract services are inputs for the immovable property; however, because immovable property is neither a taxable service nor goods subject to excise, input Cenvat credit for those construction-related services cannot be availed under the CENVAT Credit Rules.
    January 5, 2008
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    Furnishing of records requirement mandates list submission and authorises commissioner authorised officers to access premises for revenue scrutiny.
    Assessees must furnish a list of records pertaining to service tax, Cenvat credit, manufacturing/sales and financial records in duplicate to the Superintendent once; Rule 5A authorises officers authorised by the Commissioner, deputed audit parties, or the Comptroller and Auditor General to access premises for scrutiny and revenue audit, and requires production of all records, the trial balance or equivalent, and the Tax Audit Report under section 44AB.
    January 3, 2008
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    Trade balance widened as exports and imports rose, with non-oil imports outpacing oil imports in growth.
    Merchandise exports rose significantly in dollar terms and moderately in rupee terms for November and April-November, 2007, while imports-driven by faster growth in non oil imports than oil imports-also increased markedly; provisional 2007-08 data show the cumulative trade deficit widened compared with the latest revised 2006-07 figures.

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