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    Service Tax – Withdrawal of Circulars
    Central Excise – If goods are not marketable – Excise duty can not be levied
    Service Tax - Issue of Show Cause Notice beyond One Year – Maintainability
    REVENUE FOREGONE DUE TO EXCISE DUTY EXEMPTION
    TWO MASTER CIRCULARS ON SERVICE TAX ISSUED
    Effective rate of service tax on package tour operator has been reduced
    CA, CS, CWA lose service tax case
    Whether transfer of technology or know-how constitute as “Management Consultancy Service” for the purpose of service tax?
    Demand of Service Tax – Wrong classification by the department in the SCN – Big boon to the assessee
    Service Tax on Advertising services provided by a commercial concern
    MRP Based valuation in Central Excise – Quantity Discount
    EASING OF NORMS FOR FDI IN AGRO-PROCESSING
    PPP PROJECTS ON FAST TRACK
    Scope of Rule 6(3) of Cenvat Credit Rules, 2004 – Restriction on utilization of credit upto 20%
    Whether in procurement of orders and arranging payment for Construction of Houses is real estate agent’s service?
    Construction of Flats by Developers - is this activity a Works Contract liable to Sales Tax / Service Tax?
    Whether an activity of preparation of voter list for Chief Electoral Officer is taxable service?
    Services such as Advisory Service in relation to software are in the nature of “Consulting Engineer Services”
    Two units separately headed by husband and wife – Clubbing of clearance in Central Excise for the purpose of SSI exemption?
    Whether the slitting and cutting of duty paid plastic laminated films into smaller rolls amounts to manufacture so as to result in ‘goods’ liable ...
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    August 30, 2007
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    Withdrawal of circulars clarifies which service tax advisory was rescinded and which advisory remains applicable.
    A corrigendum corrects an earlier communication by withdrawing the circular on imposition of service tax on services by Custom House Agents and Steamer Agents, while confirming the circular on service tax for Clearing & Forwarding Agents and rent-a-cab scheme operators remains in force, subject to doubts from subsequent guidance.
    August 27, 2007
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    Marketability of goods determines excise liability; absence of evidence showing marketability precludes imposition of excise duty.
    The tribunal held that mere movement of intermediate goods between premises does not alone establish marketability; the department must produce substantial evidence that the goods are marketable to attract excise duty, and absent proof of marketability no excise levy can be sustained.
    August 27, 2007
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    Extended limitation period: show cause notices must allege suppression or wilful misstatement to invoke longer service tax period.
    Tribunal found the show cause notice deficient because it did not plead facts justifying the extended limitation period, namely suppression of facts, wilful misstatement or intent to evade service tax; higher court authority requires such specific pleading before a notice for a period beyond one year may be issued.
    August 24, 2007
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    Excise duty exemption for regional units extended, creating fiscal revenue foregone and defined entitlement periods.
    Excise duty exemptions apply to specified goods produced by eligible units in Jammu & Kashmir, Uttarakhand, Himachal Pradesh, Sikkim, the North East Region and Kutch, subject to conditions; most follow Industrial Policies while Kutch's relief was disaster related. The relief is time limited-ten years from commercial production for NER, Jammu & Kashmir, Uttarakhand and Himachal Pradesh, and five years for Kutch-and the Government published provisional estimates of excise duty revenue foregone for the recent financial years, excluding certain NER refinery exemptions.
    August 24, 2007
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    Consolidation of service tax clarifications centralises departmental interpretation and supersedes earlier circulars while statutory provisions remain authoritative.
    Two consolidated master circulars compile technical and procedural departmental clarifications on service tax, adopt a coding system for reference, and reflect the department's interpretation and current practice after stakeholder consultation. The circulars supersede earlier departmental circulars and communications on service tax matters but do not override statutory provisions, which remain authoritative; separate orders on uniform classification of services continue to be valid.
    August 23, 2007
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    Service tax on package tour operators reduced, lowering the effective levy for bundled tour services while preserving invoice conditions.
    The notification reduces the effective service tax levied on package tour services-defined as tours bundling transport, accommodation, food, guides and similar elements-when the bill is inclusive of package charges. Accommodation-only booking services receive separate, limited treatment conditional on invoices that specifically indicate accommodation charges; the concession is inapplicable if the invoice shows only service charges for arranging accommodation. Other non-package tour services remain subject to the prevailing full effective rate.
    August 23, 2007
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    Service tax on professional services affirmed as distinct from professional status tax, enabling Union levy when services are supplied.
    Parliament has competence to levy service tax on fees charged by practising chartered accountants, cost accountants and architects as a tax on each transaction where services are provided; this is distinct from a professional tax that is imposed on status or licence irrespective of service provision.
    August 22, 2007
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    Management consultancy classification excludes technology or marketing know how transfers when not tied to an organization's working system.
    Whether transfer of technology or know how falls within the scope of Management Consultancy for service tax is addressed: services described as imparting specialized technology, technical services and marketing know how do not constitute Management Consultancy where the assistance does not have a direct nexus to the recipient's internal working systems; marketing know how alone is not treated as advisory on organizational working systems.
    August 22, 2007
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    Service classification: misclassification of ship repair as port services invalidated; departmental circular not binding on assessee.
    The departmental classification of vessel repair, chipping, cleaning and painting as port services was incorrect; these activities are properly treated as maintenance and repair services. A Board circular treating dry-dock ship repair as taxable port services may guide officers but does not bind the assessee where inconsistent with statutory definitions. Lack of positive suppression affects the applicability of extended limitation periods, and practitioners are advised to insist on a Show Cause Notice prior to voluntary payment.
    August 22, 2007
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    Advertising services classification: sale of space and rights differs from expert advertising services, affecting tax treatment.
    Receipts from sale of telecast rights, permitting sponsors to use stadium space, and permitting logos on players' clothing were held to be sale of space or rights rather than provision of expert advertising services; absent planning or advisory services on display or exhibition, such activities did not constitute taxable advertising services for the pre enlargement period.
    August 19, 2007
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    MRP based valuation: quantity discounts excluded and duty assessed on entire removal under Section 4A.
    Where MRP based valuation under Section 4A applies, commercial concepts of quantity discount under Section 4 are not applicable; removal of goods attracts excise irrespective of sale, and if free units carry MRP and form part of the removed quantity, the assessable value and duty are to be determined on the entire quantity using the Section 4A valuation method after the statutory abatement.
    August 14, 2007
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    FDI automatic route in agro-processing permits full foreign investment; tea plantations require Indian equity divestment and state approval.
    The regulatory position confirms that FDI up to 100 per cent under the automatic route is permitted for specified agro and allied activities, and for the Food Processing Industry and related infrastructure; tea plantations are permitted FDI subject to prior government approval and a mandated divestment of 26 per cent equity to Indian interests within five years and state approval for future land use change.
    August 11, 2007
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    Public Private Partnership appraisal: expedited four-week approval for central projects, with shared liabilities and service-quality obligations.
    Public Private Partnership Appraisal Committee (PPPAC) provides a centralised fast-track approval mechanism for central sector PPP projects above the threshold, conducting four-week due diligence and making consensual decisions with Administrative Ministry participation. PPPAC reduces transaction costs and spreads best practices while assessing and highlighting government exposure to contingent liabilities arising from transfer of public assets, delegation of charging authority, and monopoly service provision, thereby informing the heightened obligation for due diligence and service-quality safeguards before approval.
    August 8, 2007
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    Restriction on Cenvat credit utilization does not cause lapse; unutilized credit may be carried forward for later service tax payment.
    Rule 6(3) imposes a periodic cap on utilization of Cenvat credit where taxable and non taxable services are not separately recorded, but does not cause lapse of unutilized credit; the Tribunal in M/s Vijayanand Roadlines Ltd. and CBEC circular guidance confirm that any balance after applying the utilization limit may be carried forward and used in subsequent periods to pay service tax, subject to the prescribed recordkeeping and claim mechanism.
    August 8, 2007
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    Real estate agent service: procurement of orders and arranging payments for house construction treated as taxable service.
    Procurement of orders and arranging payment for construction of houses constitute the service of a real estate agent under the Finance Act definitions and are taxable as a real estate agent service, as held by the tribunal in M/s Indus Tubes Ltd. v. Commissioner of C. Ex., Ghaziabad.
    August 4, 2007
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    Works contract classification: conflicting rulings alter whether developer-led flat construction attracts indirect tax liability nationwide.
    The Supreme Court in K. Raheja held developer construction done for and on behalf of purchasers is a works contract liable to sales tax, prompting administrative clarifications; the Allahabad High Court in Assotech reached the contrary finding because the developer there did not construct for or on behalf of prospective allottees, creating divergent tax characterisations.
    August 2, 2007
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    Business auxiliary services classification: preparation of voter list for electoral officer not taxable as service under BAS
    The tribunal analysed whether preparation of a voter list for the Chief Electoral Officer qualifies as Business Auxiliary Services. Tax authorities characterised the activity as a client-facing auxiliary service, but the tribunal concluded that the task of compiling electoral rolls is distinct from commercial auxiliary services and therefore does not fall within the scope of BAS as a taxable service.
    August 2, 2007
    Show AI Summary
    Advisory software services classified as consulting engineer services, precluding taxation as management consulting services under service tax law
    Advisory services related to development and installation of software are characterized as Consulting Engineer Services because they are integrally connected to software engineering; such advisory activity is not classifiable as management consulting for service tax purposes.
    August 1, 2007
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    Clubbing of clearances: aggregate related proprietorships' outputs to determine SSI exemption eligibility under Central Excise.
    Two separate proprietorships held by husband and wife, operated by a common agent under a General Power of Attorney, were treated as a single economic enterprise; the appellate authority aggregated the value of goods cleared by both units and clubbed those clearances together for determining eligibility for the SSI exemption under Central Excise.
    August 1, 2007
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    Manufacturing classification: mere slitting of duty-paid laminated film rolls is not manufacturing and not excisable.
    After considering authorities and earlier ambiguity, the Larger Bench held that mere slitting and cutting of duty-paid plastic laminated jumbo rolls into smaller rolls does not amount to manufacturing and therefore does not attract excise duty on the resultant slit rolls.

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