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Home e-Newsletters Index Year 2018 October Day 10 - Wednesday

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TMI Tax Updates - e-Newsletter
October 10, 2018

Case Laws in this Newsletter:

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



TMI SMS


Highlights / Catch Notes

  • GST:

    Jurisdiction of Central and State tax administrations under GST - Both the Central and State tax administrations shall have the power to take intelligence-based enforcement action in respect of the entire value chain

  • GST:

    Classification of goods - Stainless Steel Chilly Cutter - The product Chilly Cutter made of Stainless Steel is classifiable under Heading 8210 00 00 and not under Heading 7323.

  • GST:

    Levy of GST - hospitality services - The applicant is liable to pay GST on the services from their hotel located in non-processing zone of Dahez Special Economic Zone to the clients located outside the territory of Special Economic Zone under the provisions of Section 5(1) of Integrated Goods and Service Tax Act, 2017.

  • GST:

    Classification of supply - Levy of GST - printing of various items - The supply of Aadhaar Cards are classifiable under heading 9989 of GST Tariff and attracts GST @ 12%

  • Income Tax:

    Undue delay in granting the refund - The petitioner cannot claim any further interest or compensation over and above the statutory interest prescribed u/s 244A - having regard to long delay, the CIT shall pay cost of ₹ 1,00,000/= [rupees one lakh] to the petitioner.

  • Income Tax:

    Interest free advances - Disallowance of part interest paid on unsecured loans - Merely because non-interest-bearing advances were given to third parties, would not justify a finding that the test of “commercial expediency” was not satisfied.

  • Income Tax:

    Rental income from mobile towers - the income received by the assessee from the cellular operators/mobile companies is on account of letting out space on the terrace for installation and operation of antennas and nothing else. - Thus the rental income received by the assessee from such letting–out has to be treated as income from house property.

  • Income Tax:

    Exemption u/s 11 - receipt of sponsorship income from India and abroad - commercial receipts - there is there is no proper justification for denying the exemption and the Proviso of section 2(15) is not attracted in this case

  • Income Tax:

    Exemption u/s 11 - alleged violation of certain provisions of Section 13 - Excess salary paid to the trustee - revenue has failed to place on record any comparative chart or any other corroborative evidence to establish that the aforesaid payment was excessive or unreasonable, in any manner.

  • Income Tax:

    Disallowance on account of excess claim of managerial remuneration u/s 40A - Even though the appellant company may be deemed as Public Limited Company under the Companies Act, 1956 and had made default under that Act, it could not be the sole reason for making disallowance of managerial remuneration for computing the taxable income of the assessee

  • Income Tax:

    Assessment u/s 153A r.w.s. 143(3) - Demand based on search conducted by the Central Excise Department and contained in show cause notice (SCN) issued by them - Revenue could not produce any incriminating material found during the course of search under section 132 of the Act on the assessee’s group of cases - All the assessments orders quashed.

  • Income Tax:

    Provision for warranty - assessee derived advantage by deferring its income to the extent of excess warranty provision to subsequent years. Therefore, such excess provision cannot be allowed as a deduction. Therefore the provision made for warranty cannot be said to be reliable.

  • Customs:

    It would not be justified allowing exporters to avail IGST refund after initially claiming the benefit of higher drawback. There is no justification for re-opening the issue at this stage.

  • Customs:

    Valuation of imported goods - in the case of invoices of un-bifurcated C&F amount as well, the FOB value of the goods is very much ascertainable. No question arises for enhancing the airfreight to the extent of 20% thereof, for these invoices also.

  • Customs:

    Clandestine removal of imported goods - Imported fabric was not utilized for the manufacture of readymade garments, which had to be exported - the statements of the Director recorded by the raiding party were in terms of Section 108 of the Customs Act, which was admissible in evidence - Demand sustained.

  • State GST:

    Guidelines for Deductions and Payments of TDS by the DDOs Of State Government Authorities under GST.

  • Indian Laws:

    Dishonor of cheque due to insufficiency of funds - "Karta Dharta" of the company - Vicarious Liability there is no reason to disbelieve the basic averment to the effect that the persons who have been arrayed as accused, are responsible/ in charge of the day-to-day business of the Company.

  • Service Tax:

    Construction services - after 1.6.2007, demand in respect of composite contracts would fall under works contract service only - the demand of service tax under commercial or industrial construction service (residential complex) cannot sustain after the period 1.6.2007.

  • Service Tax:

    Demand of service beyond the scope of SCN - though the show cause notice raises the demand under commercial or industrial construction service, the Commissioner has confirmed the demand under works contract service - the confirmation of service tax being beyond the demand and allegations raised in the show cause notice, the same cannot sustain.

  • Service Tax:

    Rental income - Joint ownership - clubbing of clearances - SSI Exemption - it is difficult to accept the proposition advanced by the Revenue that all the co-owners providing the service of renting of immovable property be considered as an association of persons and the service tax on the total rent be collected from one of the co-owners.

  • Service Tax:

    Construction service - appellant have constructed individual row houses and not a residential complex having 12 or more units/ flats. Under such circumstances, there is no case of construction of residential complex as defined under the statute.

  • Central Excise:

    CENVAT Credit on retained amount - credit of service tax paid on input services - certain percentage of the stipulated payment was withheld by the respondent on account of the performance guarantee - Restriction under rule 4(7) not applicable - Credit allowed.

  • Central Excise:

    CENVAT Credit - The appellant is entitled to take cenvat credit on the supplementary invoices in question - further, there is no element of fraud and suppression on the part of the appellant. The issue herein is recurring in nature. - Credit allowed

  • Central Excise:

    Refund of excise duty extra paid - test of unjust enrichment - they are certainly entitled for refund of excess paid by them on the discount amounts returned by them to the dealers in the form of credit notes.

  • Central Excise:

    Method of Valuation - Transaction value or MRP based valuation - The department has stretched the provisions of law unnecessarily to include small quantities of ball bearings cleared on retail sale under the provisions of section 4A without substantiating such claim with some concrete evidences


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • GST

  • 2018 (10) TMI 450
  • 2018 (10) TMI 449
  • 2018 (10) TMI 448
  • 2018 (10) TMI 447
  • 2018 (10) TMI 446
  • 2018 (10) TMI 445
  • Income Tax

  • 2018 (10) TMI 443
  • 2018 (10) TMI 437
  • 2018 (10) TMI 436
  • 2018 (10) TMI 435
  • 2018 (10) TMI 434
  • 2018 (10) TMI 433
  • 2018 (10) TMI 432
  • 2018 (10) TMI 431
  • 2018 (10) TMI 430
  • 2018 (10) TMI 429
  • 2018 (10) TMI 428
  • 2018 (10) TMI 442
  • 2018 (10) TMI 441
  • 2018 (10) TMI 427
  • 2018 (10) TMI 426
  • 2018 (10) TMI 425
  • 2018 (10) TMI 424
  • 2018 (10) TMI 423
  • 2018 (10) TMI 422
  • 2018 (10) TMI 440
  • 2018 (10) TMI 421
  • 2018 (10) TMI 420
  • 2018 (10) TMI 419
  • 2018 (10) TMI 439
  • 2018 (10) TMI 418
  • 2018 (10) TMI 417
  • 2018 (10) TMI 416
  • 2018 (10) TMI 415
  • 2018 (10) TMI 414
  • 2018 (10) TMI 438
  • Customs

  • 2018 (10) TMI 386
  • 2018 (10) TMI 396
  • 2018 (10) TMI 413
  • 2018 (10) TMI 412
  • FEMA

  • 2018 (10) TMI 411
  • Service Tax

  • 2018 (10) TMI 405
  • 2018 (10) TMI 404
  • 2018 (10) TMI 403
  • 2018 (10) TMI 402
  • 2018 (10) TMI 401
  • 2018 (10) TMI 400
  • 2018 (10) TMI 399
  • 2018 (10) TMI 398
  • 2018 (10) TMI 406
  • 2018 (10) TMI 397
  • Central Excise

  • 2018 (10) TMI 395
  • 2018 (10) TMI 394
  • 2018 (10) TMI 393
  • 2018 (10) TMI 392
  • 2018 (10) TMI 391
  • 2018 (10) TMI 390
  • 2018 (10) TMI 389
  • 2018 (10) TMI 388
  • 2018 (10) TMI 387
  • CST, VAT & Sales Tax

  • 2018 (10) TMI 444
  • 2018 (10) TMI 385
  • 2018 (10) TMI 384
  • Indian Laws

  • 2018 (10) TMI 410
  • 2018 (10) TMI 409
  • 2018 (10) TMI 408
  • 2018 (10) TMI 407
 

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