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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 Comptroller & Auditor General (C&AG) is not empowered to audit non-government companies and Delhi High Court Order holding certain circulars issued on ‘Point of Taxation’ to be erroneous. The latest circular by the Central Board of Excise & Customs (CBEC) on recovery of excise, customs and service tax dues during pendency of stay application has been stayed by various High Courts and the same is reported in this issue. The Supreme Court of India has held that SSI exemption is not available when goods are sold from branded sale outlets.

Under Customs, CESTAT has held that printed material with textile material pasted in it is classifiable as book while Supreme Court has held that mere non-payment of duty is not collusion, willful misstatement or suppression of facts. VAT TDS rates have been enhanced in Delhi and Andhra Pradesh High Court has held that rental charges for bottles and crates are not compensation for transfer of right to use goods. Under Income Tax column, this issue of Tax Amicus covers the order wherein the Income Tax Appellate Tribunal (ITAT) has held that retail clientele business is an intangible asset eligible for depreciation and that depreciation cannot be disallowed for non-deduction of tax on purchasing the asset.

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