Tax Amicus: August 2014

New provisions brought into force with the assent of Finance (No. 2) Bill, 2014 with effect from 6-8-2014, requiring compulsory pre-deposit and withdrawing discretion of the appellate authorities / body to grant stay is discussed in this issue of Tax Amicus. According to the author of the article

Tax Amicus: July 2014

Legal status of clarifications given by the Central Board of Excise and Customs (CBEC or Board) through its Budget 2014 instructions is the topic of discussion this month. According to the first article this month, these clarifications, though beneficial to the assessees, have not been supported b

Tax Amicus: June 2014

The June, 2014 issue of Tax Amicus brings you two articles. The first one relating to direct tax is on a recent ruling of the Authority for Advance Rulings (AAR) holding that ‘Protocol’ signed along with the treaty cannot be treated at par with the provisions contained in the treaty itself, though

Tax Amicus: May 2014

In a recent decision, the Delhi High Court has held that business support services provided by foreign company through seconded employees to Indian subsidiary constituted ‘fees for technical services’ (FTS) and such services also create foreign company’s Service PE in India. The article covered in

Tax Amicus: April 2014

The emerging concept of Service PEs has been discussed in the ‘Article’ section in the backdrop of recent decision of the Income Tax Appellate Tribunal (ITAT) in the case of JCB Bamford. The author argues that establishing that there is no PE is not simply a matter of keeping the period of stay in

Tax Amicus: March 2014

Concept of Input Service Distributor (ISD) and the recent amendment in the Cenvat Credit Rules is the topic of discussion this month in Tax Amicus. According to the author of the article, a plain reading of the amended rule can lead to an unfair situation and hence the trade has to take up this an

Tax Amicus: February 2014

Article in this issue of Tax Amicus while pointing out some anomalies in the Cenvat credit regime, holds that the approach of the Central Excise Department treating Cenvat credit as largesse to be bestowed upon assessees only if it wishes, points to the mind-set which is one of denial and riddled

Tax Amicus: January 2014

Place of Provision of Service (POPS) Rules have been discussed at length in this January 2014 issue of Tax Amicus. The article, considering some examples, concludes that determining the place of consumption is a complex task on account of intangible nature of services and the different modes by wh

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