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Highlights

GST: Scope of Section 17(5)(d) - construction of immovable property (shopping malls) intending for letting out for rent - input tax credit from construction against output GST on rental income - if the assessee is required to pay GST on the rental income arising out of the investment on which he has paid GST, it is required to have the input credit on the GST, which is required to pay u/s 17(5)(d) of the CGST Act - credit allowed

C.Ex.: Doctrine of Bias - Refusal to transfer appeal - wife is holding the charge of Commissioner (Appeals) and the officer who reviewed the order passed by the Assistant Commissioner and directed him to file appeal on his behalf before the Commissioner (Appeals) is her husband - Justice should be done and be manifestly seen to be done - order to transfer the appeal

I.Tax: Selection process for the post of Member of ITAT - Selection Committee called 24 most experienced applicants - Rule 4A of the Income Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963 empowers the Selection Board to evolve its own procedure and this Rules are not challenge before this Court - The decision of the Committee to short-list the candidates is reasonable and not arbitrary - writ dismissed

I.Tax: Deduction of Interest u/s 36(1) - Capital OR revenue - Assessee has also not claimed before us or before the Authorities below that the land in question was put to use in the Assessment Years in question - The words in the Proviso to Section 36(1) "whether capitalised or not" will override the provisions contained in Section 145A/accounting practice followed in the Books - not allowable

I.Tax: Penalty u/s 271(1)(c) - disallowance of interest u/s 24(b) - full particulars were given and nothing was hidden from the Department and the disallowance of interest was on estimated basis - not a fit case for levy of penalty

I.Tax: Assessment u/s 153C - gift deed which was found, was in respect of transaction which was duly recorded in the books of account of both the donor and donee and such a document to be even though belonging to assessee, cannot be the basis for initiating proceedings u/s 153C - it has failed to fulfill the basic condition of it being an incriminating document - proceedings initiated is bad in law

I.Tax: Penalty u/s 271AAA - when the assessee has failed to specify the manner and substantiate the manner in which the undisclosed income was derived rather embark upon the mercy plea that he is making surrender to buy peace of mind and avoid litigation - not entitled for the benefit of section 271AAA(2)

I.Tax: Revision u/s 263 by CIT - TP adjustment in the book profits u/s 115JB - A.O is not empowered to make any addition or deletion to the profit as per P&L A/c prepared in accordance with Companies Act and relevant accounting standards, other than those items specifically mentioned in Explanation 1 to section 115JB(2) - order of the A.O was neither erroneous nor prejudicial to the interest of the Revenue - revision quashed

I.Tax: Condonation of delay of 125 days - misunderstanding and inadequate advice by the Tax Consultant about the correct remedy - On receipt of the order of the First Appellate Authority, assessee first approached the CIT(A)/Pr. CIT u/s 264 instead of approaching the Tribunal for relief - the assessee subsequently filed the appeal with application for Condonation of delay - delay condoned

I.Tax: Allowability of dealers incentive - scope in remand proceedings - this tribunal in remand directions made it clear that the impugned dealers incentive had much accrued during the relevant previous year - it was restored back the issue to the AO only to verify that claim confirms to the relevant terms and conditions incorporated in the dealers incentive scheme or not - no such irregularity found - claim allowable

I.Tax: Claim of Exemption u/s 54 - there is no prohibition under the Act in claiming exemption u/s 54 in case assessee has not filed a return of income - Such legal claim can be put forth at any stage of assessment / appellate proceedings and should be considered on merits in the light of the details / documents / corroborative evidence filed in this regard - exemption allowed

Cus.: Smuggling of Gold - Illegal importation into India - service of SCN - seized material not being perishable, being gold bars, there was no reason for the Respondents to have hurriedly disposed it off and that too without notice to the Petitioner - When SCN was not served upon the Petitioner, there was no reason to proceed with disposal of the seized gold without notice - equal amount refunded

Cus.: Applicability of Notification dated 16.2.2019 - Import from Pakistan - Basic Customs Duty @ 200%, Social Welfare Surcharge @ 10% and IGST @ 28% - goods already entered into India on or before 16.2.2019 and bill of entry had already been filed - Court directed department to take a decision on the representation in accordance with law by passing a speaking order

S.Tax: Commercial coaching or training service - Appellant conduct of a test known as International English Language Testing System - holding of a test cannot by any stretch of imagination, be considered as imparting skill or knowledge or lessons on any subject or field - it was imperative for the Commissioner to have based his conclusion on some positive evidence, rather than drawing an inference - not conducting commercial coaching or training

S.Tax: Demand of service tax - on differences in amount reflected in the ST-3 returns and Form 26AS - without examining reasons for said difference, whether the same was because of any exemption or abatement, it is not legal to presume that the entire differential amount was on account of consideration for providing services - SCN is not sustainable

S.Tax: Rejection of VCES declaration - wrongful declaration - Renting of Immovable Property Service - It is provided through Section 108 of Finance Act, 2013 that once a discharge certificate u/s 107(7) is issued then revenue does not have authority to reopen any proceedings in respect of declaration made - SCN and impugned proceedings are bad in law

C.Ex.: CENVAT Credit - inputs - heavy duty racks - the goods, which have no relationship with the manufacture of a final product, have to be excluded from the definition of “Input” - use of racks for storage of raw materials and finished goods is a process integrally connected with the manufacture of the final products - input allowable

C.Ex.: CENVAT Credit - duty paying documents - the credit has neither been availed immediately on the receipt of inputs nor has been availed within the six months of the issue of the receipts - assessee has contravened the time limit of both the provisions relevant for the availment of the cenvat credit even on supplementary invoices - credit not allowed

C.Ex.: Service/communication of Order - dismissal of appeal on limitation - as the factory was lying closed and the notice was actually delivered by security guard to the management of appellant only on 25.11.2017, that can only considered as the effective date of service not on date of service to guard - appeal maintainable

Cus.: Levy of penalty - Warehousing of goods - Goods missing when it was in their custody - The impugned order is contradictory because the Commissioner has dropped the proceedings against the appellant under Regulation 11 & 12 but in the order portion, he still imposed penalty under Regulation 12(8) of the Handling of Cargo in Customs Area Regulations 2009. - Penalty set aside.

S.Tax: Refund to SEZ unit - consumption of services wholly in the SEZ - Service tax on finance charges paid for borrowing funds - only mentions that the funds borrowed by the Appellant could be used for other services/goods in connection with the setting up of the SEZ Unit but does not mention that the funds had actually been used by the Appellant outside the Special Economic Zone - demand set aside.

S.Tax: Valuation - The cost of free supply of goods provided by the service recipients to the service provider is neither an amount “charged” by the service provider nor can it be regarded as a consideration for the service provided by the service provider. It has no nexus with the taxable services for which value is sought to be determined.

S.Tax: BAS - charge for the diesel reimbursed by the service recipients - The appellants had paid service tax on the element of service involved in “filling of diesel” and by no stretch of imagination it can be urged that any “service” was rendered by the appellants corresponding to the value of diesel.

S.Tax: Extended period of Limitation - ancillary activity for providing Digital Signature Certificates (DSC) - Business Support Service or not - activity is related to sovereign function or not - Demand set aside on the ground of period of limitation.

C.Ex.: Valuation - inclusion of subsidy in the assessable value - The nature of Scheme in the present Appeals are entirely different as ‘Subsidy’ and not ‘remission’ has been provided to the Appellants under the Scheme. - Demand set aside.

More Highlights

Articles
Notifications

ST - CORRIGENDUM - Notification No. 1/2019-Service Tax dated the 6th March, 2019

IT - Income-tax (4th Amendment) Rules, 2019

SEBI - NSE IFSC Clearing Corporation Limited, Gandhinagar for one year, commencing on the 29th day of May, 2019 and ending on the 28th day of May, 2020

SEBI - Central Government determines that the Securities Appellate Tribunal shall consist of a Presiding Officer, one Judicial Member and two Technical Members to exercise the powers and discharge the functions conferred on it under the SEBI Act 1992

Co. Law - Companies (Appointment and Qualification of Directors) Second Amendment Rules, 2019

Cus (NT) - Exchange Rates Notification No.37/2019-Custom(NT) dated 16.05.2019

UTGST - Central Government, notifies the constitution of the Appellate Authority for Advance Ruling in the Union territories

UTGST - Seeks to amend Notification No. 14/2018-Union territory Tax, dated the 8th October 2018

Cus (NT) - Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver

SEZ - Central Government notifies an additional area of 10.178 hectares, as a part of above Special Economic Zone, thereby making total area of the Special Economic Zone as 27.298 hectares at Plot No. 3, Rajiv Gandhi Infotech Park, Hinjewadi, Phase II, Village Marunji, Taluka Mulshi, District Pune in the State of Maharashtra

Cus - Seeks to further amend notification No. 50/2017-customs dated 30th June 2017 to postpone the implementation of increased customs duty on specified imports originating in USA from 16th May, 2019 to 16th June, 2019.

Cus (NT) - Appointment of CAA by Pr. DGRI

Cus (NT) - Appointment of CAA by Pr. DGRI

CGST - Seeks to extend the due date for furnishing FORM GSTR-3B for the month of for the month of April, 2019 for registered persons in specified districts of Odisha till 20.06.2019.

CGST - Seeks to extend the due date for furnishing FORM GSTR-1 for taxpayers having aggregate turnover more than ₹ 1.5 crores for the month of April, 2019 for registered persons in specified districts of Odisha till 10.06.2019.

More Notifications

Circulars/ Public Notices

DGFT - Discontinuing submission of physical copy of RCMCs with effect from 1.07.2019 while filling application for incentives/entitlements under FTP and further clarification in the matter

Income Tax - Condonation of delay in filing of Form no. 10B for years prior to AY 2018-19

SEBI - Participation of Mutual Funds in Commodity Derivatives Market in India

Service Tax - Taxability of the service of access to a road or bridge in the period 8-11-2016 to 1-12-2016

SEBI - Framework for Innovation Sandbox

DGFT - Prohibition on direct or indirect import and export from/to DPRK (Democratic People’s Republic of Korea) in terms of UNSC Resolutions concerning DPRK – Para 2.17 of the Foreign Trade Policy 2015-20

DGFT - Claim of MEIS benefits for exports made to countries in the OFAC List such as Iran and for Vostro payments

DGFT - Three months time window for applying for MEIS for Shipping bills with HS Codes which were harmonized and notified under MEIS Appendix 3B, Table 2 after a delay

DGFT - Non-requirement of submission of Hard Copy of application at RAs for issue of Advance Authorisation (AA) & EPCG Authorisation

DGFT - Administrative Review of Adjudication Orders passed by subordinate officers

DGFT - Imports of Maize (feed grade) under the TRQ Scheme for 2019-20.

Income Tax - GAAR - reporting under clause 30C and clause 44 of the Tax Audit Report shall be kept in abeyance - Order under section 119 of the Income-tax Act, 1961

DGFT - Amendment in the Para 3.01(b) of the Handbook of Procedures

DGFT - Discontinuing submission of physical copy of RCMCs with effect from 1.7.2019 while filing application for incentives/entitlements under FTP

Companies Law - Clarification for form ADT-I filed through GNL-2 under the Companies Act, 2013

More Circulars

News

Finance Commission meets with Ministry of Electronics and Information Technology

Competition Commission of India (CCI) celebrates its 10th Annual Day on 20th May 2019

Amendment of Form No 10B of the Income-tax Rules, 1962- Draft notification for inputs from stakeholders and the general public

Auction for Sale (Re-Issue) of Government Stocks

Exchange Rate of conversion of the Foreign Currencies relating to Imported and Export Goods notified

Finance Commission holds meetings with Finance Ministry

India’s Foreign Trade: April 2019

Project ‘SPARROW-CBIC’ for online writing of Annual Performance Appraisal Report (APAR) in SPARROW (Smart Performance Appraisal Report Recording Online Window) for Group ‘B’ and ‘C’ Officers of Central Board of Indirect Taxes & Customs (CBIC) implemented

Interest Rate Benchmark Reform Proposed amendments to IFRS 9 and IAS 39 Comments to be received by 17 June 2019

Change in Tariff Value of Crude Palm Oil, RBD Palm Oil, Others – Palm Oil, Crude Palmolein, RBD Palmolein, Others – Palmolein, Crude Soyabean Oil, Brass Scrap (All Grades), Poppy Seeds, Areca Nuts, Gold and Silver Notified

Workshop on Artificial Bio Organs held in Visakhapatnam

FAQs on real estate - GST

FAQs (Part II) on real estate - GST

Outcome of the WTO Ministerial Meeting of Developing Countries Working collectively to strengthening the WTO to promote development and inclusivity

Examination for confirmation of enrollment of GST Practitioners to be conducted by NACIN.

More News

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Jiva Seva is Shiva Seva:
Service to humanity is Service to God

May I be born again and again, and suffer thousands of miseries so that I may worship the only God that exists, the only God I believe in, the sum total of all souls—and above all, my God the wicked, my God the miserable, my God the poor of all races, of all species, is the special object of my worship.

- Swami Vivekananda, CW, 5:137
 
 
 

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