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Tax Updates - TMI e-Newsletters

Home e-Newsletters Index Year 2017 January Day 9 - Monday

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TMI Tax Updates - e-Newsletter
January 9, 2017

Case Laws in this Newsletter:

Income Tax Customs FEMA Service Tax Central Excise CST, VAT & Sales Tax



TMI SMS


Highlights / Catch Notes

  • Income Tax:

    The belated filing of return of income by the assessee does not disentitle it from the benefit of deduction u/s 80P(2) of the Act. - AT

  • Income Tax:

    Revision u/s 263 - non deduction of TDS - opinion of the departmental authorities on applicability of section 194J to payment of bandwidth charges are also different - the assessment order cannot be held to be erroneous and prejudicial to the interests of revenue - AT

  • Customs:

    Rejection of refund claim - Advance Licence scheme - unjust enrichment - the Government does not want the exporter to suffer by exporting the goods. In view thereof, we find that there is no question of unjust enrichment arises. - AT

  • Customs:

    Overvaluation of export of Woven Powerloom Men's Shirt readymade garments under claim of duty drawback - No material placed on record by the Revenue to suspect export price of the appellants and also the export is to non sensitive country i.e. USA - AT

  • Customs:

    Revocation of Courier licence - the named employees of the appellant courier have committed gross violations on their own accord to satisfy their own greed without knowledge of the appellant courier - there is no reasonable justification to subject the appellant to any further punishment by extending benefit of doubt - AT

  • Service Tax:

    Whether the appellant M/s Maharashtra State Electricity Distribution Co. Ltd. is liable to be taxed for the services rendered by them to their client in respect of inspection of site material and testing of transformer, stage wise supervision over the line erection and electricity connection, scrutiny of feasibility of customers requirement? - Held NO - AT

  • Service Tax:

    100% EOU - export of services - reverse charge mechanism - Utilization of services which are patently in relation to goods/services that have already been exported, it goes against the grain of procedural simplicity to collect the tax by deeming fiction merely for refunding it subsequently. - AT

  • Service Tax:

    Whether the payment received for allotment of time-slots to music companies by the assessee as fillers in programmes broadcast from outside the country is liable to service tax in the hands of the appellant as provider of ‘broadcasting agency service? - There is a lack of precise conclusion on this submission in the impugned order. - matter remanded back - AT

  • Service Tax:

    Rejection of refund claim - denial of CENVAT credit - Rule 5 of Cenvat Credit Rules, 2002 - the value of service provided by the overseas branch office of the appellant to the foreign base service recipient is neither includible in the export turnover nor in total turnover of the appellant. - AT

  • Central Excise:

    Refund - Unjust enrichment - the deposit was against the show cause notice which was set aside by Hon’ble High Court of Delhi - the said amount never became duty and therefore the provisions of unjust-enrichment are not applicable - AT

  • Central Excise:

    100% EOU - import and use of potassium permanganate - There is no allegation of misuse of material imported and subjected to the present proceedings. The application for issue of certificate has also not been denied. - AT

  • Central Excise:

    SSI exemption - clubbing of clearances - use of brand name of others - The appellant claims to be a job-worker for the second unit M/s Hem Agro Industries (trader) in addition to manufacturing tractor-trailors on its own account - benefit of exemption not allowed - demand confirmed - AT

  • Central Excise:

    Where the appellant could not give any satisfactory evidence to show that the product in respect of which duty was paid was used as an intermediary product for the manufacture of the final product, credit cannot be allowed - SC

  • Central Excise:

    Interest - delay in payment of differential duty - captive consumption - valuation finalized after the year end on cost construction method - Since no sale is involved question of issuance of supplementary invoice does not arise - the interest is correctly payable by the appellant on the delayed payment of duty - AT

  • Central Excise:

    CENVAT credit - subject goods were imported under ‘SFIS’, and Basic Customs Duty, Additional Duty of Customs and cess were paid through debit in Duty Credit Scrip/Certificate issued by DGFT and not in cash - Credit of CVD allowed - AT

  • Central Excise:

    SSI exemption - The brand name (unregistered) is owned by Rolling Industries Pvt. Ltd. and the present appellant has used the brand name of the other company for clearing the goods manufactured by them. Therefore, the appellant is not eligible for exemption. - AT


Articles


Notifications


News


Case Laws:

  • Income Tax

  • 2017 (1) TMI 456
  • 2017 (1) TMI 454
  • 2017 (1) TMI 453
  • 2017 (1) TMI 452
  • 2017 (1) TMI 446
  • 2017 (1) TMI 444
  • 2017 (1) TMI 443
  • 2017 (1) TMI 451
  • 2017 (1) TMI 450
  • 2017 (1) TMI 441
  • 2017 (1) TMI 457
  • 2017 (1) TMI 449
  • 2017 (1) TMI 448
  • 2017 (1) TMI 447
  • 2017 (1) TMI 442
  • 2017 (1) TMI 439
  • 2017 (1) TMI 455
  • 2017 (1) TMI 445
  • 2017 (1) TMI 458
  • 2017 (1) TMI 440
  • Customs

  • 2017 (1) TMI 404
  • 2017 (1) TMI 403
  • 2017 (1) TMI 410
  • 2017 (1) TMI 405
  • 2017 (1) TMI 407
  • 2017 (1) TMI 406
  • 2017 (1) TMI 408
  • 2017 (1) TMI 409
  • 2017 (1) TMI 402
  • FEMA

  • 2017 (1) TMI 398
  • Service Tax

  • 2017 (1) TMI 435
  • 2017 (1) TMI 437
  • 2017 (1) TMI 433
  • 2017 (1) TMI 436
  • 2017 (1) TMI 434
  • 2017 (1) TMI 432
  • 2017 (1) TMI 431
  • 2017 (1) TMI 430
  • 2017 (1) TMI 438
  • Central Excise

  • 2017 (1) TMI 422
  • 2017 (1) TMI 421
  • 2017 (1) TMI 420
  • 2017 (1) TMI 416
  • 2017 (1) TMI 426
  • 2017 (1) TMI 411
  • 2017 (1) TMI 412
  • 2017 (1) TMI 415
  • 2017 (1) TMI 414
  • 2017 (1) TMI 413
  • 2017 (1) TMI 427
  • 2017 (1) TMI 417
  • 2017 (1) TMI 418
  • 2017 (1) TMI 419
  • 2017 (1) TMI 428
  • 2017 (1) TMI 423
  • 2017 (1) TMI 425
  • 2017 (1) TMI 429
  • 2017 (1) TMI 424
  • CST, VAT & Sales Tax

  • 2017 (1) TMI 400
  • 2017 (1) TMI 401
  • 2017 (1) TMI 399
 

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