Search Results Page
Search Results
1 - 10 of 18 (0.20 seconds)The Central Excise Act, 1944
Kpit Cummins Infosystems Ltd vs Pune I on 6 March, 2013
In KPIT Cummins Infosystems Ltd v Commissioner of Central Excise, Pune I [2013 (32) STR 356 (Tri-Mumbai)] also, the Tribunal took note of rule 5 of CENVAT Credit Rules, 2004 and notification no. 5/2006-CE (NT) dated 14th March 2006 to hold that
5.6 The appellant mPortal India Wireless Solutions P. Lt. was also a 100% EOU and the transactions undertaken are also identical in the sense that they relate to export of software. Therefore, the above decision is squarely applicable to the facts of the case before us. In any case, the object of the EXIM Policy of the Government of India is to promote exports of goods and services and not export of taxes. Service Tax being a destination based consumption tax, in the case of exports there should not be any tax burden and the tax burden, if any, is to be imposed by the Government of the country where the taxes are consumed. Otherwise, it render software uncompetitive.