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PLI scheme for electronics manufacturing sees incremental investment of Rs 8,390 CrG20 finance leaders agree to tax super-rich but forum not yet readyDPIIT promotes green logistics industry balancing economic growth and environmentIndia, US ink pact to stymie illegal trafficking of cultural propertyRailways expands tracks by 31,180 kmFroth in Yamuna river: Delhi complains to Centre against UP and HaryanaGovt to enhance reach of Indian Digital Public InfrastructureFormer BJP Minister says BJP has totally failed as Opposition in KarnatakaGovt provides incentives to small tea growersEU penalises 5 countries for infringing budget rulesI-T-Transaction involving transfer of unutilised shares cannot be deemed to be sale of shares so as to attract levy of Long Term Capital Gain u/s 112: ITATChina says Relations with Japan at critical stageST - Once the activity of appellant that is of forfeituring the amount of earnest money is not a declared service, question of retaining said money as consideration for rendering such service becomes absolutely redundant: CESTATEU medicines regulator disapproves Alzheimer’s new drugSC says no restrictions on voluntary name banners along Kanwar route eateriesFM favours debt reduction but sans affecting economic growthKargil Victory Day: PM warns Pak against practising terrorismChina pumps in subsidies worth USD 41 bn into car sectorMisc - Payments made to Government cannot be deemed to be a tax merely because statute provides for their recovery as arrears: SC CBMisc - Royalty not a tax; royalty is contractual consideration paid by mining lessee to lessor for enjoyment of mineral rights & liability to pay royalty arises out of contractual conditions of mining lease: SC CBMisc - Since power to tax mineral rights is provided for in Entry 50 of List II, Parliament cannot use its residuary powers in this subject matter: SC CBCus - Owner of goods has a liability to pay customs duty even after confiscated goods are redeemed on payment of fine - Interest follows: SC

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Let us start with CGST!


Let us start with CGST

Sir, refer to your views regarding benefit to the service provider viz. Yet another big advantage that could accrue to the service provider is that, he would be able to avail of cenvat credit of the duties paid on inputs.

However, the experience so far has been otherwise. When the question of giving credit for taxes paid on inputs, capital goods and input services comes, the Central Govt and all the State Govt. start developing cold feet. You know how many conditions are laid down for availing such credit and, in reality, tax payer finds it useless to claim it so.

In fact the field officers' approach is to disallow maximum amount of credit calimed by the tax payer. During the course of audit, the assessee is forced to withdraw claim for credit claimed. In fact, they openly state that they have to show to their higher authorities that they have done some work. This is a common experience of all the assessees.

Apart from that the Central Govt. has not spelt out policy regarding eligibility of the assessee for tax credit. If the approach of the Government is going to remain the same as it has been so far, one should not have high hopes in this respect.

I know this may sound pessimistic, however, the experience so far of the tax payers compels him for the same.

CA Pradip Shah

Pradip Shah 26/11/2015

 

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