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Home Newsletters Index Year 2018 January Day 27 - Saturday
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TMI Updates - Newsletter dated: January 27, 2018


  1. GST : Royalty and license fee exempted from Integrated tax to the extent it is paid on the consideration attributable to royalty and license fee included in transaction value under Rule 10(1)(c) of Customs Valuation (Determination of value of imported Goods) Rules, 2007. - Notification

  2. GST : Special procedure with respect to payment of tax by registered person supplying service by way of construction against transfer of development right and vice versa. - Notification

  3. GST : Total Revenue Collections under GST for the month of December 2017 stand at ₹ 86,703 crore till 24th January 2018;

  4. GST : Detention of goods - surgical gloves - detention on the ground that the goods were not accompanied by the document provided for under Rule 138(2) State SGST Rules - HC found the detention as illegal and unsustainable

  5. Income Tax : Exemption deduction u/s.54F - Merely not keeping the amount in capital gain tax and keeping the same in the bank account and utilizing the same within the statuary period will not disentitle the assessee for claim of deduction u/s.54F. - Tri

  6. Income Tax : Addition on account of commission expenses - genuinity of claim - merely because in immediately preceding two years commission was not paid cannot be the ground for adverse inference - Tri

  7. Income Tax : Computation of deduction u/s 10(23C) - aggregate annual receipts of two institutions - where there are more than one such institutions, which are under a particular society or trust, such as the assessee society in the present case, the aggregate annual receipts of each of the educational institutions would have to be considered separately and not together. - HC

  8. Income Tax : Condonation of delay in filing the income tax return and for making a claim for refund of the tax deducted at source - Section 119(2)(b) - matter restored before the CIT. - HC

  9. Income Tax : Imposition, legality and validity of compounding fee - obligations to pay the compounding charges - Guidelines of 2014 - Since an accused may have to suffer severe consequences for non-payment of tax, if he is held to be guilty, it is not open to him to challenge the reasonableness of the same. - HC

  10. Customs : Changes in the Drawback Rates of Certain Export Goods - DBK schedule as amended

  11. Customs : Demand of interest - scope of the order of the settlement commission - revenue failed to raise the issue if Interest before the settlement commission - revenue is alone to be blamed. It must blame itself if it has not conducted the proceedings before the Commission in the manner demanded by the statute or its report or its conduct of the proceedings was deficient in any manner - HC

  12. FEMA : Exim Bank's Government of India supported Line of Credit of USD 71.40 million to the Government of Côte d’Ivoire - Circular

  13. FEMA : Exim Bank's Government of India supported Line of Credit of USD 100 million to the Government of the Republic of Kenya - Circular

  14. Companies Law : Offences by companies - applicants are arraigned as accused - the company, though a legal entity, cannot act by itself, it can act only through its directors. The directors are expected to exercise their power on behalf of the company with utmost care, skill and diligence. - HC

  15. Service Tax : Merely sharing the staff amongst the group companies and got the reimbursement of cost from such associate company, the same should not be considered as rendering of the taxable service for the purpose of levy of service tax. - Tri

  16. Service Tax : Educational institution or not - commercial coaching - Courses conducted in collaboration with Ballarat University, Australia - it cannot be accepted that courses conducted by the appellant result in issue of degree or diploma which are recognized by the law for the time being in force in India - Tri

  17. Service Tax : Refund claim - Mis-match of documents - There is a provision of self certification or certification by Chartered Accountant about co-relation and nexus of input services with the exports. - Tri

  18. Service Tax : Claim of exemption towards services used for export of goods - the responsibility entirely lies with the appellant to prove that the goods were in fact exported by utilising the taxable services - Tri

  19. Central Excise : Classification of goods - Carry bags - the printing made on such carry-bags is merely incidental and accordingly they cannot be called as product of printing industry under chapter 49 - more appropriate classification will be as bags made of paper under heading 4819. - Tri



Circulars / Instructions / Orders

News - Feeds

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 1115

    Imposition, legality and validity of compounding fee - obligations to pay the compounding charges - Held that - The guidelines do categorize between different types of offences and prescribe different compounding charges for different offences. The categorization or the classification in the guidelines do not appear to be arbitrary or irrational. BR BR Guidelines of 2014, under which the last application for compounding was made, and was accepted....... + More

  2. 2018 (1) TMI 1106

    Exemption deduction u/s.54F - amount paid for booking of flat - Held that - As decided in case of Shri Satosh P. Malhotra 2018 (1) TMI 1065 - ITAT MUMBAI amount invested in property as well as kept in bank account even though not in the capital gain tax account should be allowed as exemption deduction u/s.54F. Merely not keeping the amount in capital gain tax and keeping the same in the bank account and utilizing the same within the statuary peri....... + More

  3. 2018 (1) TMI 1107

    Addition on account of difference in stock found as on the date of search and stock as per books of accounts - unaccounted income - addition of gross profit applying the rate of 26% on unaccounted stock - Held that - Stock statements of the appellant are regularly submitted to the appellant s banker on monthly basis. The stock statements submitted during the period 1/4/2009 to 31/8/2009 were also submitted to the CIT(A) for his perusal. But both ....... + More

  4. 2018 (1) TMI 1108

    Addition on account of commission expenses - genuinity of claim - Held that - Commission was paid to the said party in the assessment year 2007-08 and when in early years this party was paid the commission which appears to have been accepted, then merely because in immediately preceding two years commission was not paid cannot be the ground for adverse inference. In the case of other agents also similar nature of evidence has been appreciated by ....... + More

  5. 2018 (1) TMI 1109

    Penalty u/s. 271(1)(b) - non compliance with the statutory notices - Held that - Failure to comply with certain notices on a particular date was due to reasonable cause as highlighted by the assessee not only during the course of the assessment proceedings but also before the Assessing Officer and Learned CIT(Appeals) in the impugned penalty proceedings and hence penalty cannot be levied in such circumstances. See M/s. Witness Builders Pvt. Ltd. ....... + More

  6. 2018 (1) TMI 1119

    Assessment u/s 153A - Unexplained cash credits u/s.68 - identity and creditworthiness of the creditors not established - notice u/s.133(6) issued - Held that - We have not been able to appreciate that how from the non-maintenance of statutory registers under the Companies Act it can be inferred that a part of share application money received by the assessee company was not genuine. The DR could not demonstrate before us the relation between the a....... + More

  7. 2018 (1) TMI 1105

    Accumulation of income for application to the extent of 15% of net receipts u/s. 11(1)(a) - allowance at 15% of gross receipts or net receipts i.e.; gross receipts less Revenue expenditure - Held that - We find that the issue in question was considered and adjudicated by a co-ordinate bench of the Tribunal in the case of Mary Immaculate Society 2015 (6) TMI 1149 - ITAT BANGALORE held that the assessee is to be allowed accumulation of income for a....... + More

  8. 2018 (1) TMI 1113

    Condonation of delay in filing the income tax return and for making a claim for refund of the tax deducted at source - petitioners were unable to file its return of income within the prescribed time u/s 139(1) - this resulted in the petitioners not being able to claim refund of tax deducted at source on receipt of interest from banks / others - Held that - We find that the impugned order does not deal with the various criteria which the petitione....... + More

  9. 2018 (1) TMI 1114

    Reopening of assessment - deemed dividend addition u/s 2(22)(e)- Held that - AO had during the assessment proceedings, leading to the order dated 14th February, 1996 under Section 143(3) of the Act had examined the very issue of deemed dividend in respect of loans taken from M/s. A.T.C. Clearing and Shipping (P) Ltd. On complete inquiry, the Assessing Officer in his assessment order dated 14th February, 1996 after a detailed discussion on the iss....... + More

  10. 2018 (1) TMI 1100

    Addition u/s 69A on account of un-explained money - addition was made on the basis of statement of Shri Sunil Shrivastava - CIT-A deleted the addition - Held that - We find that no specific error in the order of the CIT(A) could be pointed out by the DR. The DR could not controvert the finding of the CIT(A) that copy of the statement of Shri Sunil Shrivastava was not supplied to the assessee before placing reliance on the same. We find that the C....... + More

  11. 2018 (1) TMI 1101

    Long term capital gain of the assessee - determination of FMV - property purchased prior to 1981 - Held that - CIT(A) correctly held that he was convinced with the argument of AR of the assessee that the property was purchased prior to 1981, therefore, deduction of fair market value as on 01/04/1981 and benefit of indexation should be allowed. This was not done by the AO in the Assessment Order as the Order was passed ex-parte and the assessee di....... + More

  12. 2018 (1) TMI 1102

    Penalty u/s 271(1)(c) - addition on the clandestine removal of goods - Held that - As the addition made by the Assessing Officer on the clandestine removal of goods was estimated by the CIT(A). However, the said addition has been deleted by the Tribunal and the other addition made under section 69C of the Act has also been deleted by the Tribunal. Thus we uphold the order of CIT(A) in deleting the penalty levied under section 271(1)(c) of the Act....... + More

  13. 2018 (1) TMI 1103

    Claim of deduction under section 80IA(4) on additional income offered by the assessee - reopening of assessment - 153A proceedings initiated pursuant to search - Held that - We find that the issue stands squarely covered by the order of Tribunal in assessee s own case for the instant assessment year, wherein pursuant to search operation upon the assessee, order under section 143(3) r.w.s. 153A(b) of the Act, for the year under appeal was passed. ....... + More

  14. 2018 (1) TMI 1104

    Computation of taxable income under head House property - Restricting the ALV under reference only to 1/3 of the area - fair rental value - Held that - Considering the facts of the case in the light of the order of the Tribunal and the assessment order for AY 2011-12 & 2013-14, it is clear that the claim of the assessee has been accepted by the AO in set aside proceedings for AY 2011-12 that the assessee leased out only 1/3 of the space in pr....... + More

  15. 2018 (1) TMI 1111

    Disallowance of depreciation claimed on the Wind Turbine Generators - Held that - To install the wind turbine generators, the assessee must have excavated some earth on the land it purchased. Such excavation, to our mind, does not amount to improving the land; rather, it amounts to a preparatory step for erecting the wind turbines. Therefore, the land evacuation, if any, must be taken as part of infrastructure development for establishing the win....... + More

  16. 2018 (1) TMI 1112

    Chargeability of interest u/s 243B(3) - re-assessment proceedings - Held that - The re-assessments made eventually led to a total computation of income at ₹ 23,32,002/-, which has acquired finality. The tax dues with surcharge on such computation would come to ₹ 4,59,043/-, 90% of which the assessee was bound to pay as advance tax. The assessee had advance tax and TDS credit of ₹ 5,12,984/, in excess of, even, the tax liability ....... + More

  17. 2018 (1) TMI 1110

    Computation of deduction u/s 10(23C) - whether the aggregate annual receipts of the said two institutions are to be clubbed for the purposes of Section 10 (23C) (iiiad) or not? - Held that - It is also not disputed that these two institutions exist solely for educational purposes and not for purposes of profit. It is, therefore, clear that there is a distinction between the expression any person and educational institution , and that the two are ....... + More

  18. 2018 (1) TMI 1120

    Maintainability of appeal - Held that - Tax effect involved in the present appeal is less than ₹ 20 lakhs and as per the CBDT Circular No.21 of 2015 dated 10th December, 2015, the Department has taken a policy decision not to prosecute the appeals wherein the tax effect is less than ₹ 20 lakhs. ITAT order 2015 (1) TMI 1369 - ITAT MUMBAI confirmed saying losses of earlier years cannot be notionally brought forward to be set off against....... + More

  19. 2018 (1) TMI 1116

    Detention of goods - surgical gloves - detention on the ground that the goods were not accompanied by the document provided for under Rule 138(2) State SGST Rules - Held that - the power of detention contemplated under Section 129 of the SGST Act can be exercised only in respect of goods which are liable to be confiscated under Section 130 of the SGST Act; that there is no taxable supply when goods are transported on delivery chalans so long as t....... + More

  20. 2018 (1) TMI 1099

    PSU - import of automatic machines - goods were imported for home consumption and certain compliances were not made - Held that - this Court is not a forum to resolve these matters. There are remedies under the Customs Act, 1962. The order that is really in issue is dated 28th August, 2003 but issued on 3rd September, 2003. That order itself records that the show cause notice is dated 3rd October, 1997. There was no reply given to this notice. BR....... + More

  21. 2018 (1) TMI 1118

    Demand of interest - scope of the order of the settlement commission - provisionally assessed Bills of Entry - power to issue clarifications u/s 127C(5) of the Customs Act, 1962 - revenue failed to raise the issue if Interest before the settlement commission - Held that - It is clear from the provisions of the Act, and particularly Section 127H(1) of the Customs Act, 1962 that the Settlement Commission has power only to grant immunity from penalt....... + More

  22. 2018 (1) TMI 1098

    Mis-declaration of imported goods - fire crackers - restricted item - Absolute confiscation - penalty - Held that - The fact is not under dispute that the imported goods, in this case, were not only mis-declared but also under-valued by the importer Shri Roshan Singh, Proprietor of M/s. Roshan Singh and Company. Since the import of fire crackers is restricted in terms of the EXIM Policy, confiscation of the same by the Department under Section 11....... + More

  23. 2018 (1) TMI 1097

    Mis-declaration of goods - PP woven fabrics - confiscation - redemption fine - penalty - Held that - appellant has filed the wrong declaration with regard to the export of goods mentioned in the bill of export inasmuch as against 16 rolls of PP woven fabrics, only 12 rolls of PP woven fabrics and 4 rolls of FIBC were actually loaded for export. Thus, it is the case of mis-declaration of the goods and accordingly, Section 113 of the Customs Act, 1....... + More

  24. 2018 (1) TMI 1096

    Import of vehicle - it was alleged that new vehicle imported is not meeting the requirement of Centre Motor Vehicle Rules (CMVR), 1989 - whether the impugned goods under consideration were imported in violation of policy? - Held that - Admittedly, the goods imported are motor vehicle brought in CKD condition for the ease of import and transport. Necessarily, these items are to be used as motor vehicle in India and are governed by Motor Vehicle Ru....... + More

  25. 2018 (1) TMI 1095

    Offences by companies - applicants are arraigned as accused in Securities and Exchange Board of India (SEBI) - Held that - The documents, record and averments in the complaint, justify the rejection of the application of discharge of applicants. BR BR In the present case, it is noted that the words in charge of are missing in the complaint, however, reading the existing averments in the complaint read with adjudication order, prima facie makes ou....... + More

  26. 2018 (1) TMI 1094

    Maintainability of petition - Prayer for quashing of FIR - it was claimed that the FIRs do not disclose commission of any cognizable offence as the dispute between the parties is purely civil in nature - whether this Court should entertain the present petitions under Section 482 Cr.P.C. at this stage, in view of the fact that the earlier preferred petition under Section 482, i.e. W.P.(Crl.) No. 498/2005, and the other petitions mentioned in parag....... + More

  27. 2018 (1) TMI 1093

    Business Auxiliary Services - certain public relation activities carried-out by them for their clients - Held that - It is clear that the media monitoring service , though incidental, may help the client to formulate certain policies to help them improve their business apparently has no direct nexus to such sales promotion. Arranging interviews or press conference can be for various reasons like disclosing financial performance or clarifying cert....... + More

  28. 2018 (1) TMI 1117

    Re-quantification of service tax liability - Valuation - Maintenance or repair service of transformers not manufactured - bonafide doubt - claim of deduction from the value - Held that - Various facets of that aspect were highlighted in the grounds of appeal itself, but the tribunal understood it as only a limited request and for re-quantification. We do not see how the tribunal could have concluded that a casual perusal of the invoices produced ....... + More

  29. 2018 (1) TMI 1092

    N/N. 18/2009-ST dated 7.7.2009 - services used for export of goods - denial on the ground that the conditions appended to the said notification have not been complied with by the appellant - Held that - N/N. 18/2009-ST dated 7.7.2009 was issued with the objective of exempting taxable services used for export of the goods. Once the assessee satisfies the department that the goods were in fact exported and the taxable services were used/utilized fo....... + More

  30. 2018 (1) TMI 1091

    Refund claim - N/N. 17/2009-ST dated 07.07.2009 - exemption is to be claimed by way of filing refund claims - Jurisdiction - Held that - when the Revenue raises objection regarding jurisdiction, it is not mentioned what will be the correct jurisdiction. The respondent-assessee were registered in Katni Range under the jurisdiction of Assistant Commissioner, Jabalpur who decided the refund claims. There is no error in jurisdiction. BR BR Refund cla....... + More

  31. 2018 (1) TMI 1090

    Classification of services - certain courses conducted by the appellant - whether classified under Commercial coaching and training services or not? - Held that - no College or Institute issues independently any degree. It is university, who are recognized by UGC, who can issue degree. In the present case, the impugned order falls in error in insisting that the Institute itself should issue a degree. We find no force in such findings. Accordingly....... + More

  32. 2018 (1) TMI 1089

    CENVAT credit - exempt services - Rule 6(3)(ii) of the Cenvat Credit Rules, 2004 - dispute in the present appeal relates to the application of Rule 6 of the Rules to the effect that the assessee-Appellants should maintain separate accounts for usage of credit availed input services for taxable output services and exempted output services - Held that - reversal of credit amount attributable to exempted services, in any case, is to be confirmed by ....... + More

  33. 2018 (1) TMI 1088

    Classification of services - transportation of goods - whether taxable under Cargo Handling Service or Goods Transport Agency Service? - Held that - Since the appellant, in this case, has not specifically objected to the findings of the adjudicating authority that it has not provided two categories of services, we are of the view that the services provided by the appellant should merit consideration as cargo handling service. BR BR Extended perio....... + More

  34. 2018 (1) TMI 1087

    Demand of service tax - Manpower Recruitment Supply provided to Group Companies - Held that - Since the appellant is not a professionally manpower supply agency and merely sharing the staff amongst the group companies and got the reimbursement of cost from such associate company, the same should not be considered as rendering of the taxable service for the purpose of levy of service tax. Further, there is no relationship between the appellant and....... + More

  35. 2018 (1) TMI 1083

    SSI exemption - use of Brand Name - The whole case of the Department is based on the photographs taken from the premises of the buyer (SKIT) and the statement recorded by the Department of the Director and Registrar of the Institutes, which were retracted later - Held that - there is no material available with the Department to allege that the assessee-Appellants were using the brand name of another person. In fact, Rastogi is not a brand name of....... + More

  36. 2018 (1) TMI 1086

    Classification of goods - Envelope/Outer/jacket/Sim sleeve or Pouch - Forms - Start-up Kit(SUK)/Kit - Carry bags - Pads - Score card - Hangers-Mill Board - Hangers Plastic - Printed Sheet - Printed matter - Scrap - Held that - as regards envelpos, It is clear that an envelope is a sub-species of a general category of containers. When there is a specific entry for paper envelopes, we find it is not tenable to classify it under the broad category o....... + More

  37. 2018 (1) TMI 1085

    Clandestine removal - seizure of goods - redemption fine - penalty - Rule 25 of Central Excise Rules, 2002 - Held that - provisions of Rule 25 of Central Excise Rules, 2002 are applicable to the goods manufactured by the appellant - Admittedly, raw material and semi-finished goods cannot be confiscated as held by this Tribunal in the case of Anchal Prints Pvt. Ltd. Vs. CCE, Surat-I 2007 (10) TMI 532 - CESTAT, AHMEDABAD - confiscation of raw mater....... + More

  38. 2018 (1) TMI 1084

    Waste - Sulphuric Acid - Held that - In the present case, Sulphuric Acid emerging during the manufacture of detergent is a technological necessity and it is a waste product, though sold for a consideration - exemption under N/N. 89 of 95 allowed - appeal allowed - decided in favor of appellant........ + More

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