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Tax Amicus: December 2013

Service Tax on services provided to educational institutions and recent exemption to canteen service provided in factories, are the topics discussed in two articles covered in this month’s Tax Amicus. According to the author of the first article, there still exists doubt as to whether in the light

Tax Amicus: November 2013

Obligation to tolerate an act which is a declared service is the topic of discussion this month. Article in this issue of Tax Amicus discusses at length various issues while concluding that a case can be made to argue that fines, damages and penalties do not characterize a transaction of an activi

Tax Amicus: October 2013

Value Added Tax (VAT) on developers is at the centre of discussion this month. Article in this issue discusses in detail, recent Supreme Court Judgment in the case of Larsen and Toubro upholding the interpretation of law as held by Division Bench in the case of K. Raheja Development. According to

Tax Amicus: September 2013

Availability of Cenvat credit on partially paid invoices is the topic of discussion this month. Article in this September 2013 issue holds that questions relating to availability of credit on such invoices are not yet settled. Under Customs portion, this issue covers DGFT Public Notice amending Ha

Tax Amicus: August 2013

Recent amendment in the Legal Metrology (Packaged Commodities) Rules, 2011 regarding “industrial consumers” and “institutional consumers” has been discussed elaborately in this August 2013 issue of Tax Amicus. The authors are of the view that the amendments have complicated certain simple and sett

Tax Amicus: July 2013

This second anniversary - July 2013 issue of Tax Amicus includes article considering various aspects of tax planning of multinational companies having operations in multiple jurisdictions. It deliberates on issues concerning permanent establishment and anti-avoidance provisions. Risk Management Sy

Tax Amicus: June 2013

Article in this June 2013 issue of Tax Amicus discusses in detail service tax liability in the case of cross border provision of service. As per the article, cross border services entailing presence of an intermediary may unnecessarily suffer service tax because the provisions are not clear. Under

Tax Amicus: May 2013

Refund of Cenvat credit on services under reverse charge mechanism is the topic of discussion in this May 2013 issue of Tax Amicus. Article in this issue concludes that service providers who are under partial reverse charge are in advantageous position in terms of Cenvat credit and refund as compa

Tax Amicus: April 2013

Export of services under the new regime of negative list of Service Tax has been discussed threadbare in this issue of Tax Amicus. The article holds that service in respect of which the place of provision is outside India and where the consideration is received in Indian currency, such service wou

Tax Amicus: March 2013

This post-budget issue of Tax Amicus covers major changes proposed to be made by the Finance Bill, 2013 and the changes brought by notifications issued under Central Excise, Customs and Service Tax law. Article in this March 2013 issue discusses the newly proposed Amnesty Scheme (Voluntary Complia

Tax Amicus: February 2013

Service tax liability on grant-in-aid is discussed in this February, 2013 issue of Tax Amicus. Article in this issue holds that the taxability would depend on existence of the nexus with service provided in return. Service tax portion covers Calcutta High Court order holding that the officers of C

Tax Amicus: January 2013

A thorny issue of determination of place of provision of service is discussed elaborately, Rule-by-Rule, in the article in this January 2013 issue of Tax Amicus. Central Board of Excise and Customs (CBEC) has issued a Circular for recovery of confirmed demand even in cases where stay application i