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Case Laws
Showing 441 to 460 of 740 Records
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2008 (4) TMI 302
After scrutiny of the records the revenue came to the conclusion, that the appellants have availed credit on the date of the cheque when it was issued and not on the date of realization of the cheque - On perusal of the records, it is seen that the amount of cheques for which the credit was raised in the PLA was not dishonoured. The said amount was credited to the Government treasury albeit subsequently - imposition of penalty under Rule 173Q of CER not justified
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2008 (4) TMI 301
Franchise services - payment of royalty for transfer of technical know-how by foreign collaborator - appellant claimed that the correct classification for transfer of know-how is under IPR service and not franchise service. They also state that they have paid royalty for technical know-how and royalty is not a consideration towards service but sharing of profit and technical know-how provided from outside could not be charged to service tax prior to the introduction of Section 66A on 18-4-06 – prima facie case in assessee’s favour – stay granted
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2008 (4) TMI 300
Valuation - Inputs transferred to sister unit on which appellant has taken credit – Circular No. 643/34/2002-CX, dt. 1-7-02 - department submission for valuation of such inputs u/r 8 of the Valuation Rules, by resorting to Sr. No. 5 of the Circular, is not acceptable – held that since there is no sale but only removal of inputs outside the factory, Sr. No. 14 of the Circular will be applied – appeal of assessee is allowed
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2008 (4) TMI 299
Credit – capital goods – components/parts/accessories - according to the appellants, items (such as cement, MS plates, MS angles, MS sheets, MS channels, MS flats etc.,), being components/parts /accessories of cement manufacturing plant, are eligible for capital goods credit u/r 2(a)(A)(iii) of the CCR, 2004 – assessee have also cited Circular dated 3-4-2000 in F. No. B-4/7/2000-TRU which is in their favour – prima facie assessee’s case is strong – stay is granted
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2008 (4) TMI 298
SCN issued on ground that statutory declarations as laid down under Standards of Weights & Measures (Packaged Commodities) Rules, 1977 are not made on the package containing refrigerators – plea of respondent is that package contains only one piece so goods do not satisfy the definition of “commodity in packaged form” or “pre-packed commodity”, so Rules, 1977 are not applicable – plea of respondent not accepted – held that declaration on package is mandatory even if it is only one in a package
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2008 (4) TMI 297
Whether technical know-how fee paid to UK Company is includible in invoice price of imported goods - no nexus was found between the import of components/raw materials and the payment of technical know-how fee/licence fee - as the payment of the fee was not found to be a condition of the import, held that Rule 9 (1)(c) not invokable for addition of the fee to the invoice price of the imported goods
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2008 (4) TMI 296
Imposition of penalty upon appellant-100% EOU, u/r 25 of Central Excise Rules, 2002 - As per facts on record, appellant issued CT-3 certificate to one 100% EOU, for procurement of duty free processed fabrics – said EOU cleared the goods against CT-3 certificate but instead of sending the goods to appellant, sold the goods in open market – held that since appellant is a purchaser of the goods, penalty cannot be imposed under rule 25 of CER
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2008 (4) TMI 295
Waiver of pre-deposit and stay of recovery of demand of credit, penalties and applicable interest - demands were raised for the amounts of credit availed on GTA service incurred for outward transport of final product from the place of removal – Considering the reference of the dispute to a LB by the Bangalore Bench the DB Chennai has granted stay in a number of similar cases - In view of the uncertainty of the liability of the appellants confirmed in the impugned orders, stay is granted
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2008 (4) TMI 294
Travel Agent – non inclusion of high value tickets for purposes of service tax - bona fide belief that he had to pay Service Tax only from 2004 onwards - period involved in dispute is 2002-03 and 2003-04 - As the entire amount of service tax has been paid partly before the SCN and partly before the adjudication order, imposition of heavy penalties is not warranted - in terms of section 75 of the Finance Act, interest on delayed payment is mandatory so appellant should pay the interest
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2008 (4) TMI 293
Service Tax payable by the appellants as C/F Agent for the period from April, 2003 to March, 2004 – appellant had received commission, secondary freight charges besides handling charges but not added to the taxable services – issue has been decided in the cases of Sastha Agencies (P.) Ltd; E.V. Mathai & Co; Bhagyanagar Services and other judgments, in favour of assessee - Service Tax has to be charged only on the gross commission received – impugned orders set aside – appeal allowed
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2008 (4) TMI 292
Computation of capital gains - reference to the DVO - reference by AO was made before filing of return of income by the assessee - AO could not have formed any opinion as to existence of difference between the value of the asset as claimed by the assessee and the fair market value – reference can be made only when AO records opinion that value had been underestimated by assessee - S. 55A could not have been resorted to by the AO - reference to valuation officer is quashed and set aside
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2008 (4) TMI 291
Stay of order - By the order-in-appeal, the Commissioner (Appeals) has excluded the value of materials used in providing photography service from the gross amount for the purpose of levy of service tax - stay of impugned order of the Commissioner may be interpreted as resulting in revival of the original order, enabling the Revenue to raise the demand which, will not be proper without adjudicating the issues involved on merits by the Tribunal - stay application is accordingly, rejected
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2008 (4) TMI 290
Appellants filed this appeal against the impugned order whereby abatement claim in respect of Sales Tax was disallowed and ordered to be added to the assessable value of the goods - Circular No. 2/94-Cx clarified that set-off scheme of sales tax does not change the rate of sales tax payable/chargeable on the finished goods, the set-off is not to be taken into account for calculating the amount of sales tax permissible as abatement for arriving at the assessable value - demand is not sustainable
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2008 (4) TMI 289
Assessee has rendered its services to ONGC (representative of the non-resident company, respondent-assessee) for the purposes of exploration, extraction and production of mineral oils - whether in respect of the receipts for the aforementioned services rendered by the NRC, the tax is chargeable under section 44BB, or u/s 115A r.w.s. 44D - assessee as a technical service provider is directed to pay tax @ 15 per cent. under section 44D r.w.s. 115A, instead of 10 per cent. chargeable u/s 44BB
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2008 (4) TMI 288
Safeguard duty - Phenol imported in December 1991 and was cleared in February 2002, under the provisions of Notification No. 73/2001-Cus. - In terms of said Notification, no safeguard duty was leviable on the Phenol imported - safeguard duty on import from South Africa was imposed by Notification No. 38/2002 which was issued on 12-2-2002 and was published in the Official Gazette only on 12-4-2002 – held that safeguard duty cannot be imposed in respect of import of Phenol made prior to 12-4-2002
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2008 (4) TMI 287
Cellular telephone services – valuation - demand of service tax is on the value of SIM card which was not included in the gross value of telephone services – held that if SIM cards have been charged to sales tax, the cost of the SIM card would not be included for the purpose of levy of service tax - therefore a prima facie case has been made out by the appellants for waiver of pre-deposit – stay granted
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2008 (4) TMI 286
Assessee, a non-resident company, was engaged by ONGC, representative of assessee for rendering technical service to it – whether in respect of the receipts for the aforementioned services rendered by the NRC, the tax is chargeable under section 44BB, or under section 115A r.w.s. 44D (as contended by department)- held that assessee as a technical service provider is liable to pay tax @ of 15 % under section 44D r.w.s. 115A of the Income-tax Act, 1961, instead of 10 % chargeable u/s 44BB
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2008 (4) TMI 285
Rental income - Partition of HUF – assessee submit that status of HUF stood disrupted by family arrangement - state of affairs demonstrated that the partition pursuant to the family arrangement, did not take effect – even the lease deed did not say anything about the family arrangement - appreciating the deed of family arrangement as well as the deed of lease, assessment of rental income from the building was rightly assessed in the hands of assessee as the owner of the building
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2008 (4) TMI 284
Ex parte order passed by tribunal – certification of the postal department certifying that the notice of the adjourned date of hearing was served on the assessee - it is found that the Tribunal cannot be faulted for the absence of the assessee in the appeal hearing as the Tribunal took all requisite steps to ensure that an opportunity of being heard is made available to the assessee – tribunal was justified in refusing to recall of its order - petition is found devoid of merit, hence dismissed
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2008 (4) TMI 283
Jurisdiction of Appellate Authority to act under the second proviso to sub-section (3) of Section 35A - order made by the appellate authority is without jurisdiction as the appellate authority has travelled beyond the subject matter of the appeal – appellate authority is required to issue a SCN containing basis, material, reasons for forming an opinion – since no such notice is issued, exercise of powers under above proviso is not fulfilled by appellate authority – appellate order is quashed
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