Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Subscription & Redemption Of Liquid Mutual Fund Units Can't Be Termed As “Trading Of Goods”, CENVAT Credit Admissible: CESTAT
CESTAT allowed CENVAT credit on input services used for mutual fund distribution, rejecting the department's claim that subscription/redemption of liquid mutual fund units constitutes "trading of goods." The tribunal distinguished financial transactions from physical goods trading, noting mutual funds represent financial instruments rather than merchandise. This ₹3.2 crore relief impacts asset management companies and distributors claiming legitimate input tax credits. The ruling clarifies that financial service providers can avail credits for services like marketing, advisory and back-office support when these relate to taxable output services. CESTAT emphasized that exemptions must be interpreted strictly, and the department can't artificially expand exclusion categories. The decision provides much-needed clarity on CENVAT availability for India's growing mutual fund industry, ensuring tax neutrality for business inputs.