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TMI Updates - Newsletter dated: January 23, 2018

Highlights

  1. Income Tax : An individual, who holds a bachelor degree from a recognised Indian University or institution, or has passed the intermediate level examination conducted by the ICAI or the ICSI or the ICMAI, shall be eligible to act as Tax Return Preparer

  2. Income Tax : Perquisite in lieu of salary u/s 17(2)(iii) - difference in value between stamp duty valuation and actual sale value - Merely because the assessee happens to be a director of the company, provisions of section 17(2)(iii) of the Act cannot be applied to the assessee without establishing the fact that the assessee is an employee of the company and the benefit given is in the nature of salary. - Tri

  3. Income Tax : Deduction u/s.80IB(10) - The joint venture was merely used as conduit to facilitate execution of housing project work, the actual work was done by the two members of JV. All the expenditure for the execution of project was incurred by the individual members and not the joint venture. Therefore, the deduction was rightly claimed by the members - Tri

  4. Income Tax : Addition u/s 68 - genuineness of share transactions - For the only reason that the payment of purchase has been made after a lapse of 9 months cannot render the purchase as non genuine unless and otherwise any material is brought on record which could negate this fact. - Tri

  5. Income Tax : Disallowing contribution to gratuity fund - Once the provisions of contribution to gratuity fund are specifically covered by Section 36(1)(v), as is the admitted position on the facts of the case, section 37(1) can obviously not have any application - Tri

  6. Income Tax : Nature of receipts - royalty / FIR or reimbursement of expenses - The appellant is merely arranging Corporate IT services. The payments are received for such services and not for the right to use of equipment (hardware or software) - Such payments were not in the nature of royalty or FIS - Tri

  7. Income Tax : Penalty u/s 271(1)(c) - Though section 69B is a deeming fiction but in the matter of penalty proceedings, such deeming fiction cannot be extended so as to hold assessee guilty of concealment of income or furnishing of inaccurate particulars when the addition on account of deeming fiction is based on some kind of estimate given by a Govt. Valuer. - Tri

  8. Income Tax : If the partners of the firm are aggrieved by the reopening of the assessment in their hands, it is for the partner to challenge the same in appropriate forum. - Tri

  9. Income Tax : Eligibility to deduction u/s 54B and u/s. 54F - assessee has not deposited the net sale consideration in the capital gain account - belated investment - beyond the due date specified u/s 139(1) but within the date specified u/s 139(4) - benefit of deduction allowed - HC

  10. Customs : Classification of goods - Optical Fibre Cables (OFC in short) imported by Vodafone Group of Companies and used in Telecommunication are not classifiable under Customs Tariff Heading 8544 and they would fall under customs Tariff Heading 9001. - Tri

  11. Customs : Penalty on CHA u/s 114 (iii) of CA, 1962 - It has been alleged that appellants were one of the three CHAs whose services were utilized in filing the shipping bills of the fictitious export firms - Penalty reduced

  12. Companies Law : Delegation by Central Government of its powers and functions - Consequential amendment since section 194 and section 195 relating to forward dealing and insider trading omitted - Section 458 of the Companies Act, 2013

  13. Companies Law : Punishment for fraud - to bring thresholds with respect to compounding provisions relating to fraud without imprisonment - Section 447 of the Companies Act, 2013

  14. Companies Law : Lesser penalties for One Person Companies or small companies - lesser penalties (not be more than one-half) for one person companies and small companies - Section 446B of the Companies Act, 2013

  15. Companies Law : Factors for determining level of punishment - New Section 446A of the Companies Act, 2013

  16. Companies Law : Compounding of certain offences - to enable Tribunal to compound offences punishable with fine only or with fine or imprisonment or both - Section 441 of the Companies Act, 2013

  17. Companies Law : Transitional provisions - till the time a Special Court is established, the trial of offences shall be continued with Court of Session or Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class - Section 440 of the Companies Act, 2013

  18. Companies Law : Offences to be non-cognizable - to include member along with shareholders in respect of complaint with respect to taking cognizance of offences under the Act by the Court - Section 439 of the Companies Act, 2013

  19. Companies Law : Application of Code to proceedings before Special Court - Amendment as a consequence of amendments to section 435 - Section 438 of the Companies Act, 2013

  20. Companies Law : Establishment of Special Courts - to include appointment of Metropolitan Magistrate or a Judicial Magistrate of the First Class by Central Government in Special Court in case of offences punishable under the Act with imprisonment of not more than two years - Section 435 of the Companies Act, 2013

  21. Companies Law : Selection of Members of Tribunal and Appellate Tribunal - to align with Supreme Court directions - Section 412 of the Companies Act, 2013

  22. Companies Law : Qualifications of Chairperson and Members of Appellate Tribunal (NCLAT) - eligibility for technical members with Supreme Court directives with respect to qualifications of Technical Member - Section 411 of the Companies Act, 2013

  23. Companies Law : Constitution of Appellate Tribunal - Jurisdiction extended to hear the appeal against the order of National Financial Reporting Authority (NFRA) - Section 410 of the Companies Act, 2013

  24. Companies Law : Qualification of President and Members of Tribunal (NCLT) - to provide for eligibility for technical members with Supreme Court directions - Section 409 of the Companies Act, 2013

  25. Central Excise : Rebate of duty - export of goods - bank realization certificate has no link with the factum of export of the goods and non-submission of the same cannot be made, the basis for denial of the rebate of duty on the exported goods. - Tri

  26. Central Excise : Manufacture - ore concentrate - various processes such as crushing, screening, sorting by hydraulic machines and washing with high pressure water was performed by machines - processes undertaken by the appellant will incur the mischief of Chapter 4 and Excise duty will be payable by the appellant - Tri

  27. Central Excise : CENVAT credit - the activities of the assessee at the two separate premises in question were clearly interlinked. 'Factory' under Section 2(e) of the Act, means any premises where part of manufacturing processes connected with the production of goods is carried on - Tribunal has made no error in allowing the assessee to utilize CENVAT credit on capital goods against the duty payment on sugar and molasses. - HC

  28. VAT and Sales Tax : Condonation of delay in filing appeal - time limit prescribed u/s 35H(1) is absolute and unextendable u/s 5 Limitation Act. Since court has to respect the legislative intent, limitation cannot be extended u/s 5 of Limitation Act. - HC


Notifications


Circulars / Instructions / Orders


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Case Laws:

More information of case laws are visible to the Subscriber of a package i.e:-
Party Name, Court Name, Date of Decision, Full Text of Headnote, Decision etc.


  1. 2018 (1) TMI 983

    Payment received on providing corporate IT services etc. to group entities - receipts claimed by the assessee as reimbursement on cost basis - receipts liable to be taxable in the hands of the assessee either as royalty or fee for included services under the relevant articles of the DTAA between India and USA - PE in India - Held that - The appellant, being the ultimate holding company, maintains a centralized IT centre for its group companies ac....... + More


  2. 2018 (1) TMI 986

    Decline of claim of exemption u/s.54F - assessee has purchased more than one residential house out of the sale proceeds of capital gain - Held that - The issue under consideration is squarely covered by the decision in the case of CIT vs. Late Khoobchand M. Makhija 2013 (12) TMI 1525 - KARNATAKA HIGH COURT wherein held that exemption u/s.54 is available even in respect of two house property / flats being acquired out of the sale proceeds of long ....... + More


  3. 2018 (1) TMI 987

    Disallowance of legal and professional charges - Held that - As decided in assessee s own case for the assessment year 2009-10 2016 (1) TMI 772 - ITAT DELHI the work assigned to the consulting firm was completed in F.Y. 2004-05. The assessee has maintained the books of account in mercantile system and he did not make any provision in this regard in his books of account. There appears no good reason to make payment of legal fee during the year for....... + More


  4. 2018 (1) TMI 989

    Penalty proceedings u/s 271(1)(c) - deemed dividend addition u/s 2(22)(e) - additions u//s 69B - Held that - As addition stands deleted by the Tribunal and therefore, penalty on said addition cannot be sustained. Accordingly, the same is directed to be deleted BR BR Difference in the purchase value of the plot as shown in the registered sale deed and the estimate made by the Valuation Officer to whom reference was made by the AO - Held that - The....... + More


  5. 2018 (1) TMI 990

    Reopening of assessment - partnership firm - Deemed dividend u/s 2(22)(e) - whether to be assessed only in the hands of the partners and not in the hands of the assessee-firm - whether the Tribunal had exceeded its jurisdiction while holding deemed dividend cannot be assessed in the hands of the assessee-firm and but only in the hands of the partners of the assesseefirm, who are the beneficial shareholders of the lender company, viz., M/s.KTC Aut....... + More


  6. 2018 (1) TMI 991

    Addition u/s 68 - genuineness of share transactions - treating the short term capital gain as income from undisclosed sources - Held that - The relevant documents in the paper book prove beyond doubt the genuineness of sale of equity shares. It is also not disputed that the share of IFCI Ltd were dematized after the purchase and they have been debited from this account at the time of sale. As far as purchase is concerned the shares have been purc....... + More


  7. 2018 (1) TMI 992

    Addition u/s 69 on account of undisclosed investments - Held that - From findings of Ld.CIT(A) except for the opening cash balance, we do not want to interfere with the other findings of Ld. CIT(A). He has allowed opening cash of ₹ 2,00,000/- for the assessee. In the instant case all the other income as well as cash flow has been taken together for the assessee and his wife. We therefore accepting the same reasoning as given by Ld. CIT(A) a....... + More


  8. 2018 (1) TMI 993

    Deemed dividend u/s 2(22)(e) - company M/s. First Tek Pvt. Ltd. had advanced a sum of ₹ 35 lakhs to M/s. Vijetha Constructions which in turn has executed promissory note in favour of the assessee, thereby derived the benefit of advance to M/s Vijetha Constructions from the company in which the assessee has substantial interest - Held that - The deemed dividend is applicable in circumstances of payment made by the company to the shareholder,....... + More


  9. 2018 (1) TMI 982

    Penalty u/s 271(1)(c) - disallowance u/s 80IA in respect of power plant and disallowance of interest in relation to investment made with the subsidiary companies - Held that - Coordinate Bench in the quantum proceedings 2016 (10) TMI 1115 - ITAT JAIPUR for the matter in relation to both the additions namely claim u/s 80IA in respect of power plant and disallowance of interest in relation to investment made with the subsidiary companies which is t....... + More


  10. 2018 (1) TMI 980

    Entitlement towards claim of deduction u/s 54 - claim restricted only in respect of the residential property at Mumbai - scope of amendment - Held that - Hon ble High Court of Madras in the case of CIT Vs. Smt. V. R. Kampagm 2014 (8) TMI 899 - MADRAS HIGH COURT had clearly held in context of a similar amendment that was made available to Sec.54F, that the same was effective from 01.04.2015, which thus made it clear that prior to the said amendmen....... + More


  11. 2018 (1) TMI 974

    Addition u/s 68 - genuineness of the transaction - bifurcation of sum of ₹ 1.80 crores in the name of various parties in short time for obtaining the sand contract from the Government. - Held that - 7/12 extracts furnished by the assessee could never demonstrate conclusively that the lands belong to the individual payees and the income is actually earned by them which formed the source of making of cash payments to the assessee. Leave alone....... + More


  12. 2018 (1) TMI 975

    Eligibility to get registration u/s 12A - deeming category of registration - Held that - We find that before the Ld. CIT(A), the assessee itself had considered the facts that the assessee trust is eligible to take advantage of provisions of sections 11 & 12 from the A.Y. 2008-09. Having considered the provision of section 12A were unable to accept the contention of the assessee that he is entitled for the benefit under the deeming category of....... + More


  13. 2018 (1) TMI 976

    TP adjustment - adoption of RPM method as against TNMM method - Held that - As relying on assessee s own case for the assessment year 2008-09 as relying in the case of DCIT Vs Delta Power Solution India P. Ltd. 2016 (4) TMI 803 - ITAT DELHI are of the view that the ld. CIT(A) was fully justified in directing the AO/TPO to adopt RPM as the most appropriate method instead of TNMM applied by them. Accordingly, we do not see any infirmity in the impu....... + More


  14. 2018 (1) TMI 977

    Deduction u/s.80IB(10) - DR submitted that the assessee is not engaged in development of a housing project and it is Brahma Skyline (JV) that has developed the housing project and not the assessee who had only provided the land to the joint venture formed i.e. Brahma Skyline JV - Held that - We concur with the findings of Commissioner of Income Tax (Appeals) in holding that the assessee was not merely contributor of the land but was engaged in th....... + More


  15. 2018 (1) TMI 978

    Disallowance on account of depreciation - assessee has ceased to carry on its business - Held that - It is not the case of the revenue that the assessee has ceased to carry on its business permanently. It is only a case of temporary lull in the business against which the machineries were not put to use. On introduction of concept of block assets the provisions of section 32 of the Act by the Tax Laws (Amendment) Act, 1986, which came into force w....... + More


  16. 2018 (1) TMI 971

    Addition as perquisite in lieu of salary u/s 17(2)(iii) - difference in value between stamp duty valuation and actual sale value - assessee is a director of the company - Held that - There is nothing on record, either in the assessment proceeding or in the order of the first appellate authority to suggest that the Assessing Officer has made any enquiry to ascertain the fair market value of the property. Even, he has not conducted any enquiry with....... + More


  17. 2018 (1) TMI 972

    Non deduction tax at source u/s 194C - amount paid to the sub-contractors - Held that - The AO does not dispute the assessee having passed on the amount to the sub-contractor. So, it stands admitted/undisputed by the AO that the assessee did not receive the amount and the addition made by the AO was unsustainable. BR BR Section 40(a)(ia) provides for non-deduction of a sum payable, on which, no TDS has been made or, where made, it has not been pa....... + More


  18. 2018 (1) TMI 1001

    Credit of the TDS and tax paid as reflected and accepted in AS-26 claimed - discrepancy between the TDS reflected in AS-26 and the certificate(s) given by the assessee - Held that - This will be examined. In case there is any discrepancy between the TDS reflected in AS-26 and the certificate(s) given by the assessee, the assessee would be asked for explanation and accordingly, the order would be passed. BR BR The petitioner will visit the office ....... + More


  19. 2018 (1) TMI 1000

    Eligibility to deduction u/s 54B and u/s. 54F - assessee has not deposited the net sale consideration in the capital gain account - belated investment - beyond the due date specified u/s 139(1) but within the date specified u/s 139(4) - whether specific provisions of Section 54B(2) and 54F(4) which refers to the due date of Section 139(1) and not Section 139(4) - Held that - Admittedly, while considering the prosecution, the provisions are to be ....... + More


  20. 2018 (1) TMI 956

    Disallowing contribution to gratuity fund - the gratuity fund was not approved on the date of contribution - whether as the approval was in process and hence, the contribution was allowable as a deduction - allowability u/s 37 or 36 - effective date - Held that - Notwithstanding the effective date of approval set out by the Commissioner in his approval order, the approval granted to the employees gratuity trust must be treated as effective from 1....... + More


  21. 2018 (1) TMI 1003

    Validity of Tender process initiated by the Geological Survey of India, Eastern Region by a notice inviting tender dated April 27, 2017 - Held that - action of the authorities in obtaining information from the participants as to the tax implications cannot faulted - On evaluation, the authorities found the price quoted by the successful bidder to be lower than that of the petitioner after taking GST implications. Such a decision cannot faulted as....... + More


  22. 2018 (1) TMI 973

    Penalty on CHA u/s 114 (iii) of CA, 1962 - It has been alleged that appellants were one of the three CHAs whose services were utilized in filing the shipping bills of the fictitious export firms allegedly floated by Shri K. Gunasekhar, S.Divakaran and his associate Shri K. Jayaraman - Misuse of Drawback Benefit - appellants have pleaded ignorance of their actions and the consequences that came about therefrom. BR BR Held that - appellant had eith....... + More


  23. 2018 (1) TMI 979

    Benefit of N/N. 102/2009 dated 11.09.2009 - EPCG Scheme - import of Capital goods - It was observed that instead of indigenous procurement, the appellants made imports vide Bill of Entry No.3386290 dated 03.05.2011 and 3400925 dated 04.05.2011 against the subject authorization from Chennai port whereas no import could have been made as authorization has already been invalidated for direct import - extended period of limitation. BR BR Held that - ....... + More


  24. 2018 (1) TMI 965

    Smuggling - illegal exports to Nepal - Urad Ki Dal - opportunity of cross-examination - Held that - If the appellant is disputing the factual positions and if the various deponents statements have retracted from their earlier statements, such cross-examination is required to test the veracity of their statements as also to establish the factual position. Such cross-examination was necessary, especially in view of the fact that the Adjudicating Au....... + More


  25. 2018 (1) TMI 960

    Penalty on CHA in terms of Regulation 22 of Customs Broker Regulations 2013 - entire act was done by the assessee s employees without knowledge of the Directors - Held that - On appreciating the fact that FSSAI has subsequently issued the NOC that the goods have been cleared for home consumption and in the absence of any evidence to show that present CB was actively involved in improper action of his employee Shri Hemant Pol and was having any kn....... + More


  26. 2018 (1) TMI 959

    Classification of goods - Optical Fibre Cables (OFC) - Whether OFC imported by Vodafone Group of Companies and used in Telecommunication are classifiable under Customs Tariff Heading 8544 and eligible for exemption under N/N. 20/2005 dated 01/03/2005 or they would fall under Customs Tariff Heading 9001 leviable to basic Customs Duty at 10% under N/N. 21/2002-Cus dated 01/03/2002? - The entire argument of the appellant hinges on their claim that t....... + More


  27. 2018 (1) TMI 954

    Release of detained goods - Betel Nuts - Held that - Non furnishing of the bonds in proper form cannot be a reason for seeking any clarification in the order of the High Court. We have gone through the order of the High Court dated 30.5.2017 not once but several times and found that it is crystal clear which could be understood even by a layman. Therefore, seeking a clarification of the said order by an Officer of the rank of the Assistant Commis....... + More


  28. 2018 (1) TMI 969

    Selection of CFS services at Port - Forced diversion of the ships to Pipavav or forced the ships to visit both Pipavav as well as GTIPL - Held that - CCI found that OP-1 is also providing facility of Direct Port Delivery which facilitates direct delivery of goods without intervention of any CFS operator to accredited and approved consignees. CCI found no substance in the claim that OP-1 is in vertical anti-competitive agreement. The impugned orde....... + More


  29. 2018 (1) TMI 1002

    Validity of assessment order - levy of Urban Land Tax - Held that - the authority on facts concluded that the contention of the petitioner that the land is agricultural in nature is not tenable. Referring to Section 2(13) of the Act which states that no Urban Land Tax can be levied in respect of the land which is not capable of being used as a house site. But the petitioner themselves have admitted that the land is used for recreational and comme....... + More


  30. 2018 (1) TMI 981

    Classification of services - transportation service charged Service Tax in the invoice under the category of Goods Transport Agency Services - The case of the Department is that the service provider by the appellant is not classifiable under GTA services but correctly classifiable under Clearing and Forwarding Agency Services - Held that - on identical issue of the appellant itself, Gupta Coal India Ltd Versus Commissioner of Central Excise, Nagp....... + More


  31. 2018 (1) TMI 964

    GTA Service - It appeared to Revenue that activity of transport of foodgrains, sugar etc., comes under the purview of taxable service namely Goods Transport Service as defined under Section 65 (50b) of the Finance Act, 1994 and taxable under Section 65 (105) (zzp) - Held that - there is neither any allegation nor any finding that the appellants were issued a consignment note - in the facts of the present case, both the consignor and the consignee....... + More


  32. 2018 (1) TMI 962

    Penalty u/s 76, 77 and 78 of FA - Commission paid to foreign commission agents - reverse charge mechanism - Held that - during relevant period law was not clear and was subject matter of litigation before various courts. It is only with a declaration of law by the Hon ble Bombay High Court decision in the case of Indian National Shipowners Association Vs. Union of India 2008 (12) TMI 41 - BOMBAY HIGH COURT , that the levy on reverse charge basis ....... + More


  33. 2018 (1) TMI 996

    Whether the imposition of 50% penalty is just and reasonable on the totality of the facts and circumstances of the cases in hand as the substantial question of law arising for decision in these appeals? BR BR Held that - it had been the consistent case of the Appellant before the authorities that the non-payment of the service tax was on account of payment of entire service tax by the service provider - the penalty component ought to have been re....... + More


  34. 2018 (1) TMI 994

    Refund of unutilized CENVAT credit - circular dated 23-8-2007 - case of Revenue is that in view of the circular as well as provisions of law, the assessee cannot be permitted to reverse the entries and in fact should have applied for refund of the amount due to him - Held that - somewhat similar controversy came up before the Gujarat High Court in case of S. Subrahmanyan & Co. v. Commissioner 2011 (3) TMI 396 - CESTAT, AHMEDABAD , where it wa....... + More


  35. 2018 (1) TMI 984

    Manufacture - ore concentrate - various processes such as crushing, screening, sorting by hydraulic machines and washing with high pressure water was performed by machines - The Department was of the view that in the light of Chapter Note 4 to Chapter 26, the processes carried out by the appellant resulted in the manufacture of ore concentrate and the same amounts to manufacture - Held that - the Tribunal in the case of Rungta Mines vs. CCE 2016 ....... + More


  36. 2018 (1) TMI 985

    Clandestine removal - Gutka - illegal factory premises - denial of opportunity of cross-examination - closure of factory - declaration of machinery - Held that - one machine has been declared by Shri Mukesh Katheil in his registered premises, but the same has been intimated as closed in the month of July, 2008. During the course of search, three undeclared premises have been detected where 12 packing machines were found working and engaged in pac....... + More


  37. 2018 (1) TMI 988

    Clandestine removal - case of the Department is based on four private note books seized from the residence of Shri Sarma on 9.12.2011 - serious discrepancies between statutory records and seized note books - Held that - the impugned order did not deal with all the factual and legal submission made by the appellant before the Adjudicating Authority. Some of the crucial point were not examined that formed the basis formed for arriving at the conclu....... + More


  38. 2018 (1) TMI 970

    SSI units - clubbing of clearances - dummy units or not? - Held that - both the units are registered separately under various authorities and being limited companies have to be held as separate units and entitled to the benefit of small scale Notification separately - benefit of SSI extended - appeal dismissed - decided against Revenue........ + More


  39. 2018 (1) TMI 968

    CENVAT credit - manufacture of dutiable as well as exempt goods - separate records not maintained - Rule 6(3) of the CCR - Held that - The only requirement under the law is maintenance of separate records in respect of inputs used in the manufacture of dutiable as also exempted goods. As per the appellant such records stand maintained by them and produced before the adjudicating authority. This fact requires verification for which purpose, the im....... + More


  40. 2018 (1) TMI 966

    Clandestine removal - shortage of stock - expendable polystyrene - Held that - the issue is no more res-integra and has been settled by the Hon ble High Court of Allahabad in the case of Commr. Vs. Minakshi Castings 2011 (8) TMI 896 - ALLAHABAD HIGH COURT laying down that mere shortages, in the absence of any corroborative evidence, cannot lead to findings of the clandestine removal - demand in the present case is only based upon the shortages an....... + More


  41. 2018 (1) TMI 967

    CENVAT credit on inputs used to manufacture goods, which are cleared on payment of duty - Manufacture taking place or not? - Held that - without adverting to the fact as to whether the activities undertaken by the appellant amount to manufacture or not, it stands well settled that even if the activity undertaken by an assessee does not amount to manufacture of the final products which stands cleared on payment of duty, the benefit of cenvat credi....... + More


  42. 2018 (1) TMI 963

    Clandestine removal - shortages and excesses of stock - the Revenue s entire case is based upon the shortages and excess, detected at the time of visit of the Officers - Held that - It is well settled law that shortages detected at the time of stock taking cannot lead to conclusion of clandestine removal, in the absence of any corroborative evidence to that effect - apart from the alleged shortages, which are also being contested by the appellant....... + More


  43. 2018 (1) TMI 961

    Rebate of duty - export of goods - it has been alleged that the appellants did not export the goods amounting to ₹ 2,53,670/- and it appeared that the same were cleared by them otherwise - Revenue entire case is based upon non-submission of bank realization certificate - Held that - Appellate Authority has himself arrived at a finding that there is no dispute regarding export of the goods and neither is there any allegation of short export ....... + More


  44. 2018 (1) TMI 958

    Refund claim - demand on the ground that SCN dated 11/03/2010 for demand of duty of the matching amount is pending for adjudication - Held that - the rejection of refund claim without adjudicating the show cause notice dated 11/03/2010 is bad and against the provisions of natural Justice. The same also causes harassment to the assessee - the matter remanded back to the Adjudicating Authority to decide the show cause notice as well as the refund c....... + More


  45. 2018 (1) TMI 957

    Issuance of Registration Certificate - manufacture of Branded Pan Masala & Branded Scented Tobacco - N/N. 35/2001-CE (NT) dated 26/06/2001 - Held that - There is no dispute of the fact that the appellant applied for registration on 05/09/2013 and as per the N/N. 35/2001-CE (NT) dated 26/06/2001, the period of 7 days expired on 17/09/2013 - Once the Notification prescribes the period within which the registrations has to be granted, the regist....... + More


  46. 2018 (1) TMI 955

    Reversal of CENVAT Credit availed on SED - inputs removed as such - Held that - the learned Commissioner (Appeals) has dealt with aspect of payment of duty in respect of clearances made during the period from April, 2001 to December, 2001 - However, I find from the proceedings that the issue was not related to payment of duty but the issue was related to reversal of Cenvat Credit on removal of inputs as such I, further, find that Cenvat Credit of....... + More


  47. 2018 (1) TMI 998

    Condonation of delay in filing appeal - appeal have been filed beyond the extended period of limitation provided in Section 38 of the then TNGST Act, 1959 - whether, the appellate authority is empowered to condone the delay of the extendable period? - Held that - In Commissioner of Customs & Central Excise v. Hongo India (P) Ltd., 2009 (3) TMI 31 - SUPREME COURT , the Hon ble Apex Court considered a question, as to whether, High Court has pow....... + More


 
 
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