Issues relating to time limit for availment of Cenvat credit, as introduced recently, have been taken up for analysis in October 2014 issue of Tax Amicus. According to the author, there are number of issues like, time limit in case of re-credit, delayed receipt of goods from job worker, credit ava

Incentives by various Indian provincial or State Governments to manufacturers under regional Sales Tax or VAT provisions are discussed in the Article section of Tax Amicus this month. The author throws light on how these incentives are increasingly becoming disincentives to assessees under Central

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

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

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

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

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

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

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

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