Jurisprudentiol – Tuesday's cases

By Vijay Kumar

Legal Corner Icon — the image was hosted by the publisher and was not captured.Central Excise

Finished products were removed by manufacturer after broker had pointed out buyers – since assessee had availed services of broker before clearance of goods from factory, service tax paid on brokerage is entitled for Cenvat credit: CESTAT

IT is the submission of the Revenue that the services of the brokers had been availed by the respondents subsequent to manufacturing of their final product and hence they are not entitled for any input service credit. Reliance is also placed on the apex Court decision in Maruti Suzuki ltd. vs. Commissioner of Central Excise, Delhi (2009-TIOL-94-SC-CX).

Income Tax

Income Tax - Sec 10A - Part outsourcing of import order not to disentitle assessee from claiming Sec 10A benefits: ITAT

ASSESSEE Company filed its return of income for the impugned year after claiming deduction of section 10A. During the course of assessment proceedings the AO discarded the details filed by the assessee and denied the exemption of section 10A on the ground that the assessee is not a manufacture rather is an agent of the concerns who entrusted work to the assessee. CIT (A) affirmed the order of the AO observing some incorrect factual things.

See our columns Tomorrow for the judgements