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    IT EXEMPTION FOR SENIOR CITIZENS
    Refund Claim - More than 5 Lacks - Requirement of Pre-Audit - Central Excise
    Manufacture and supply of fuel by IOC to Indian Navy or Coast Guard shall be exempt from excise duty
    Ernst and Young and its associates booked for Service Tax evasion
    India's exports up by 19%
    Excise - SSI Exemption - Same brand name is used by two manufactures - SSI exemption can not be denied
    Income Tax - Impact of Adjustment made u/s 115J (MAT) on the unabsorbed depreciation
    Beware Manufacturers – take the credit of service tax on input services used commonly in exempted goods and excisable goods carefully?
    Whether the issue of Electors Photo Identity Card (EPICs) is an activity subject to service tax?
    Demand of service tax in the wrong category by the department - A win-win situation for the assessee / defaulter
    Whether amount paid for Internet Service and Courier Charges are eligible as Input Services for the purpose of Cenvat Credit
    Availability of Cenvat Credit of Service Tax paid on Outward Transportation– Matter remanded to Larger Bench
    Whether all Consultancy would be held as Management Consultancy for the purpose of Service Tax.
    Commercial training and coaching centre – computer training – Exemption from Service Tax
    EXPORTS UP BY 18.91% IN AUGUST 2007 - INDIA'S FOREIGN TRADE: APRIL-AUGUST, 2007
    Taxability of Income from surrender of Leasehold rights -
    Allowance of deduction of excise duty from business income whereas duty is debited to PLA before actual removal of finished goods – Section 43B
    Meeting with Airline operators held at Service Tax, New Delhi
    Where service tax has been paid wrongly under old category considering as taxable – but statute makes the same taxable under a new category – whet...
    Due Date of Payment of Service Tax – Changes Made by notification no. 39/2007 dated 12/9/2007
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    November 24, 2007
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    Senior citizen income tax exemption remains higher than standard taxpayer limits, preserving elevated exempt threshold under current dispensation.
    Income of senior citizens, including interest income, is exempt from tax up to Rs.1,95,000, establishing a higher exemption threshold for that class of taxpayers compared with the normal exemption limits applicable to other male and female taxpayers, and the current dispensation is confirmed as unchanged.
    November 8, 2007
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    Pre-audit requirement retained but shifted to Assistant/Deputy Commissioner (Audit) at Commissionerate headquarters before divisional orders-in-original and review.
    Pre-audit of refund and rebate claims remains mandatory to ensure uniformity and monitoring; it will be conducted by the Assistant/Deputy Commissioner (Audit) at Commissionerate headquarters, after which the Divisional Assistant/Deputy Commissioner will pass the order-in-original. Pre-audit by the Commissioner is discontinued, while the Commissioner retains review authority over orders-in-original.
    November 8, 2007
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    Excise duty exemption for fuel supplies to naval and coast guard vessels conditioned on registration, records, and reconciliation.
    Fuels under Chapter Heading 2710 supplied by Indian Oil Corporation Limited as stores for consumption on board Indian Navy or Coast Guard vessels are exempt from excise duty where IOC manufactures or procures and supplies such fuels and complies with conditions: registration under rule 9 of the Central Excise Rules, 2002 with the jurisdictional Assistant/Deputy Commissioner; maintenance of receipt and supply records; monthly reconciliation and proof to the satisfaction of the jurisdictional central excise officer; and payment of excise duty with interest for fuels not properly accounted for.
    November 6, 2007
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    Service tax liability as recipient of foreign services triggers show cause proceedings and required compliance response.
    Show Cause Notices were issued to M/s Ernst and Young (P) Ltd and associates alleging Service Tax liability as recipient of services from outside India under Rule 2(1)(d)(iv) of the Service Tax Rules, 1994, the explanation to Section 65(105) and Section 66A of the Finance Act, 1994. Investigations by the Service Tax Commissionerate concluded liability and the principal firm has made an interim payment toward the asserted liability, with proceedings continuing under the statutory assessment and adjudication framework.
    November 2, 2007
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    Exports growth outpaces imports, altering external balance and widening the cumulative trade deficit in the recent period.
    Exports rose markedly in dollar terms in both the month and cumulative six month period while rupee growth was lower; imports showed modest monthly increase and stronger cumulative dollar growth, with oil imports up and non oil imports largely flat monthly but much higher cumulatively, producing a wider cumulative trade deficit. Reported figures are provisional for the current period and compared with revised prior year data.
    October 29, 2007
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    SSI exemption protection: identical unregistered brand names do not bar exemption when no ownership exists.
    The tribunal addressed whether denial of the SSI exemption is justified when identical unregistered trade names are used by multiple manufacturers and found that where such trade names do not belong to any person or entity, refusal of the SSI exemption on that ground is inappropriate because absence of proprietary ownership of the marks does not support denial of the excise benefit.
    October 29, 2007
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    Unabsorbed depreciation not increased by MAT adjustment, limiting carryforward enhancement and preserving depreciation relief against assessed book profit.
    Whether net profit must be increased by the Explanation items for computing book profit, and whether unabsorbed depreciation carried forward should be enhanced by an amount equal to income assessed to tax under section 115J. The tribunal held net profit need not be increased by those Explanation items, and the amount of unabsorbed depreciation shall not be enhanced by the income assessed to tax under section 115J.
    October 21, 2007
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    Cenvat credit on common input services may require payment when used for exempted goods; recordkeeping is crucial to avoid recovery.
    Manufacturers claiming cenvat credit on input services used commonly for exempted and dutiable goods must comply with the apportionment and recordkeeping obligations; absent separate records an adjustment is required to account for credit attributable to exempted goods, while certain listed services remain fully allowable even when used for both exempted and dutiable outputs.
    October 21, 2007
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    Sovereign activity: issuance of voter identity cards excluded from taxable photographic services under the service tax framework.
    Issuance of Electors Photo Identity Cards (EPICs) is a sovereign activity by State functionaries and does not meet the statutory definition of Photographic Service; the tribunal relied on the constitutional character of the Election Commission's functions, prior Board circulars, and precedent treating sovereign acts of State organs as outside the service tax ambit to determine that EPIC production is not taxable as photographic service.
    October 21, 2007
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    Misclassification of service tax can invalidate departmental demands when limitation and procedural defects are present.
    Assessees should avoid precipitate payment of disputed service tax and instead undertake legal and factual review; challenges to departmental demands commonly succeed where there is misclassification of services, defects in the period of limitation, or other procedural and evidentiary shortcomings, and precedents exist setting aside such demands when those defects are established.
    October 13, 2007
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    Cenvat credit for internet and courier services allowed when services are used at the factory despite billing through head office.
    Cenvat credit on Internet and courier services cannot be denied solely because the bill was paid by the head office; if the invoice specifies that the services were used at the factory, credit is allowable at the factory since the place of use governs entitlement.
    October 13, 2007
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    Cenvat credit for outward transportation disputed; matter referred to larger bench after conflicting tribunal interpretations.
    Whether service tax on outward transportation beyond the place of removal qualifies as Cenvat credit has produced divergent tribunal views and was referred to a Larger Bench. Central to the reference is Rule 2(l) of the Cenvat Credit Rules, 2004, which defines input service and expressly includes outward transportation up to the place of removal, making the scope of transportation beyond that point decisive for credit eligibility.
    October 13, 2007
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    Management consultancy classification: transactional export assistance may not qualify as taxable advisory services under service tax rules.
    Services described as consultancy are not automatically Management Consultancy for service tax; activities like obtaining orders, procuring materials and finding foreign buyers were treated as partnership-style export assistance and not as advice, consultancy or technical assistance, so classification depends on the substantive nature of the activity rather than the book description.
    October 13, 2007
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    Exemption for computer training: centres qualified as vocational or recreational institutes enjoyed service tax exemption until the exemption for computer training was withdrawn.
    The notification exempts taxable services for commercial training or coaching provided by a vocational or recreational training institute and was held to apply to computer training centres for the period before amendment. An administrative amendment later withdrew the exemption for coaching or training relating to computer software or hardware, narrowing the exemption's scope and rendering such computer-related training services taxable thereafter.
    October 4, 2007
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    Trade balance widened as imports outpaced exports, driven by stronger growth in oil and non oil imports.
    Exports rose substantially in dollar terms while rupee growth was moderate; imports increased faster than exports, widening the April-August merchandise trade deficit. Provisional tables present dollar and rupee values and percentage growths, with revised 2006-07 figures and provisional 2007-08 figures.
    October 4, 2007
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    Capital gains treatment of leasehold surrender: consideration on surrender is taxed as capital gains, not other income.
    Consideration received on surrender or transfer of leasehold rights arising from sub-leasing is to be classified and taxed under the head Capital gains, and not under Income from other sources, unless another statutory provision provides otherwise.
    October 4, 2007
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    Deductibility of excise duty: deposit into non refundable account current upon manufacture permits deduction in that year.
    Where excise duty became payable on manufacture and the assessee deposited the sum into the non refundable account current, that deposit constituted an expense of the year of manufacture and qualified for deduction despite not being debited to profit and loss or sales accounts.
    September 26, 2007
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    Service tax on gross fare confirmed as payable; airlines to submit requested fare data and engage on ancillary charges.
    Representatives of major airlines agreed in principle that Service Tax on gross fare is payable and committed to submit the detailed fare data requested by the tax administration within thirty days. Treatment of ancillary items-Passenger Service Fee, insurance surcharge and administrative charges-was left for further detailed consultation, and airlines were requested to nominate representatives to engage with the designated tax officer on these matters.
    September 24, 2007
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    Refund for wrongly paid service tax: mistaken pre taxation payments on works contracts may be reclaimed under statutory refund procedures.
    A refund is available where service tax was paid before a service category became taxable; amounts paid under the mistaken belief of taxable status for services now classed as works contract may be reclaimed. Claimants must comply with the statutory refund procedure and submit a written claim to the Assistant or Deputy Commissioner of Central Excise, on plain paper or letterhead, meeting the statutory conditions for refund.
    September 14, 2007
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    Due date of service tax payments: electronic payment deadline extended by one day for affected taxpayers.
    Notification no. 39/2007 ST amends Rule 6 to extend the electronic payment deadline by one day: quarterly payers who are individuals, proprietors or partnerships must deposit service tax by the 6th day of the month following the quarter if paid electronically and by the 5th day if by other modes; other persons required to pay monthly must deposit by the 6th day if paid electronically and by the 5th day if by other modes.

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