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Deduction under section 10A/10AA on transfer of Technical Manpower in case of software industry - CBDT Clarifies


Service Tax audit by Department

Ref: TIOL-DDT 2453 dated 10-10-2014 regarding Service Tax Audit.
The clarification issued by the Board indicates that audit of Central Excise assessee like manufacturers and registered dealers can be conducted since the production or manufacture, storage or sale of the excisable goods is involved. It is not understood, when Salt has been deleted from the Act in 1996, how it has appeared in Section 37B.
Reference to Rule 22 of Central Excise Rules, 2002 has been made in Para 3 of CBEC Circular No. 986_10_2014-CX. dated 9th October, 2014 about the obligations on the part of an assessee to make available the records for scrutiny or verification by the audit party. Therefore, it is implied that records of the Central Excise assessee relating to Service Tax matters can also be scrutinized or verified by the audit party at the same time.
However, in the case of service provider or service receiver, these instructions will not be applicable. Thus, it is clear that the Circular in question has been issued without obtaining the legal opinion from the Ministry of Law.
**Pankaj Jaroli

pankaj jaroli 11/10/2014

 

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