Stay abreast with the latest developments in the professional domain along with in-depth analysis through the monthly BCA Journal. Get access to an engaging library of researched publications from the BCAS stable.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn More
Facts:
The Appellant was engaged in the manufacture and sale of telecom equipments and was paying excise duty on the same. In the month of November 2008, the Appellant had availed the services of a Stock Broker for selling its investment in the other company’s shares. The Appellant availed Service tax paid on said stock broker’s service treating the same as input service. The Revenue authorities and Tribunal disallowed the claim of the Appellant by contending that the same was not integrally connected to the business of the Appellant.
Before the High Court, the Appellant contended that the stock broker’s service was used for the purpose covered by the inclusive part of the definition of “input service”.
Held:
The High Court observed that, though the Appellant’s activity of investing in the shares was one of the incidental objects as per its Memorandum of Association, the claim for CENVAT Credit of Service tax paid on stock broker’s service was not against any liability arising out of the business activity of the Appellant and not relatable to the business activity and hence the High Court found no scope for making any interference with the Tribunal’s Order and as such, the appeal was dismissed.