Raja Abhishek For NIRC 2024
about 1 month ago
๐๐๐ฆ๐ง๐๐ง ๐ ๐๐บ๐ฏ๐ฎ๐ถ ๐ฅ๐๐น๐ถ๐ป๐ด ๐ผ๐ป ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ ๐ง๐ฎ๐ ๐ฎ๐ป๐ฑ ๐ฃ๐ฟ๐ฒ๐บ๐ถ๐๐บ ๐๐ผ๐บ๐ฝ๐๐๐ฎ๐๐ถ๐ผ๐ป ๐ณ๐ผ๐ฟ ๐๐ฎ๐ป๐ธ ๐๐ป๐๐๐ฟ๐ฎ๐ป๐ฐ๐ฒ ๐ข ๐ง๐ต๐ฒ ๐ง๐ฟ๐ถ๐ฏ๐๐ป๐ฎ๐น ๐ฟ๐๐น๐ฒ๐ฑ: โConsideration includes the tax amount, and liability is to be computed on the โcum taxโ value, as banks under RBIโs supervision cannot be charged more than the specified premium amount.โ
๐ ๐๐ฎ๐ฐ๐๐: ๐๐ผ๐บ๐ฝ๐ฎ๐ป๐: Deposit Insurance & Credit Guarantee Corporation (DICGC) ๐๐๐๐๐ฒ: The Deposit Insurance & Credit Guarantee Corporation (DICGC), insuring banks against financial instability, faced an audit objection on service tax calculation for premiums from 2011-2013. DICGC claimed tax was included in premiums, and a refund was approved in 2016.
โ๏ธ ๐๐๐ฑ๐ด๐บ๐ฒ๐ป๐: The Tribunal upheld that service tax liability for DICGC must be absorbed within the RBI-specified premium on a "cum tax" basis. Banks cannot be charged extra, and complex premium calculations confirm no tax adjustment is required. Appeal dismissed.
๐ ๐๐ฎ๐๐ฒ ๐๐ป๐ณ๐ผ๐ฟ๐บ๐ฎ๐๐ถ๐ผ๐ป: ๐ง๐ถ๐๐น๐ฒ: Commissioner of CGST & Central Excise vs. Deposit Insurance & Credit Guarantee Corporation ๐ฆ๐๐ฅ๐ฉ๐๐๐ ๐ง๐๐ซ ๐๐ฃ๐ฃ๐๐๐ ๐ก๐ข: 86306 OF 2021 ๐ข๐ฟ๐ฑ๐ฒ๐ฟ ๐๐ฎ๐๐ฒ: 14 July 2023 ๐ This ruling confirms that service tax for regulated premiums is to be computed on a cum tax basis, without additional recovery from client banks.
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