HC
exercises writ jurisdiction to set aside adjudication order confirming excise
duty liability on activity of supply of IT products purchased from vendors and
installation at customers’ premises after customization as per their needs;
Notes assessee’s claim that integrating multiple products sourced from
different vendors only involved a skill of service and nothing else,
accordingly it had paid service tax thereon; Seeking to set right the
jurisdictional error committed in decision making process, HC observes that
each of assessee’s activities would require to be examined on focal point
whether they would fall within the meaning of manufacture of goods or not;
There cannot be generalization of assessee’s activities, states HC while
observing, “No doubt, the law discussed by the Commissioner is the correct
principles revolving around the issue. But, the point is whether each of the
activities of the petitioner would fall for consideration as a 'manufacturer of
goods' or not.” ; Accordingly, remands the matter for fresh consideration,
without expressing any view on merits : Kerala HC
Subscribe to:
Post Comments (Atom)
Safe Harbour vs. Advance Pricing Agreements: Choosing the Right Path to Transfer Pricing Certainty
While Safe Harbour focuses on standardization, an Advance Pricing Agreement (APA) provides a customized solution. An APA is a binding agr...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
The Reserve Bank of India has introduced a new framework governing export and import transactions under FEMA. These regulations are effectiv...
-
THE issues before the Bench are - Whether no penalty u/s 271(1)(c) is warranted even if assessee makes false claim of Sec 80IA benefits ...
-
What is a Digital Signature? Answer: A digital signature authenticates electronic documents in a similar manner a handwritten signatur...
-
This Tax Alert summarizes a recent judgement of the Supreme Court (SC) [1] on whether a show cause notice (SCN) under Section 74 of the ...
-
This Tax Alert summarizes a recent ruling of the Gujarat High Court (HC)1 on the taxability of corporate guarantee provided by the Petitio...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
No comments:
Post a Comment