Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Tax Updates - TMI e-Newsletters

Home e-Newsletters Index Year 2017 December Day 26 - Tuesday

TMI e-Newsletters FAQ
Login to see detailed Newsletter

TMI Tax Updates - e-Newsletter
December 26, 2017

Case Laws in this Newsletter:

Income Tax Customs Insolvency & Bankruptcy Service Tax Central Excise CST, VAT & Sales Tax Indian Laws



Highlights / Catch Notes

  • Income Tax:

    Exemption u/s 11 - Charitable activity - renting of premises on commercial basis - merely because the ld AO has found some entries of the voluntary donation/ contributions correlated with their stay in guest house cannot lead to the conclusion that assessee are charging guesthouse/dharmashala on commercial basis. - AT

  • Income Tax:

    Water Supply Project operated and maintained by the assessee is an infrastructural facility and is eligible for deduction u/s. 80IA of the Act - AT

  • Income Tax:

    Competent authority to deduct TDS - the payments to the contract employees were being made by the respective Medical Officer of various Primary Health Centres and not the assessee and, therefore, the demand raised by the AO is not correct on the ground that TDS is not deducted u/s 201(1) & 201(1A) - AT

  • Income Tax:

    Addition u/s 68 - genuineness of the transaction - share capital and share premium - identity and creditworthiness of the investors - the genuineness of the transaction - several other Companies having their Registered Offices at the same address - revenue failed to prove introduction of unaccounted cash/funds in the form of share capital in these companies - no addition - AT

  • Income Tax:

    Mere entry in the books of accounts and classifying the said payment as capital, i.e., it has been capitalised in the books will not at all be determinative as it has to be seen on the facts whether such a payment or expenditure falls in the capital filed or revenue field. - AT

  • Income Tax:

    Non deduction of tax at source (TDS) against payment on account of repairs and maintenance - there is no requirement to make the TDS, when the payments were made on cost-to-cost basis. - AT

  • Income Tax:

    Denial of exemption u/s 11 - cancellation of registration u/s 12AA(3) - Since the assessee is in the micro finance activity, the activity itself is a charitable activity - advances were made to the rural poor - CIT has not proved that there is no charitable activity and the society is not genuine and is running on commercial activity with tangible evidence. - Registration restored - AT

  • Income Tax:

    Higher rate of Depreciation on co-generation plant - The assessee is entitled for a higher rate of depreciation in the case of RCC Chimney, Bagasee Drier, DC Drier, Steam piping, Coal and gas feeding system and coal handling systems. - AT

  • Income Tax:

    Seeking registration u/s 12AA - proof of charitable activities - Gujarati community does not specify any specific caste or religion or sect i.e. all the communities, castes of the people speaking Gujarati residing in Vijayawada - registration u/s 12AA granted - AT

  • Income Tax:

    Transfer of case u/s 127 - non existence of agreement between two jurisdictional Commissioners - Apart from the failure to mention the same in the show cause notice, the only stand of the revenue is that there is an agreement by implication - the first respondent had no jurisdiction to pass the order of transfer. - HC

  • Customs:

    Scope of section 19 of Customs Act, 1962 - Determination of duty where goods consist of articles liable to different rates of duty - The proviso in section 19 does not justify the conclusion that it is a valuation provision but is intended to permit separate assessment for such article in the set for which distinct is evidenced by the importer. - AT

  • Service Tax:

    Demand of service tax on advance receipt - it provides for Advance cum security and in turn the assessee is liable for equal amount of Performance security bank Guarantee. Thus the amount is guarantee from both the sides. Such amount cannot be considered as advance receipt since it is normal feature of contracts. - AT

  • Service Tax:

    Demand of service tax on retention money - Engineers sent abroad - that the services rendered by the assessee falls under the Export of service which is eligible for exemption from service tax - assessee is not liable for payment of service tax on services rendered abroad. - AT

  • Service Tax:

    Nature of transaction - Sale or service - Franchise service - case of appellant is that they are not covered under the said service as they have not granted any representational rights to their client. - tribunal did not accept the arguments and confirmed the demand of service tax - AT

  • Service Tax:

    It is not for this Tribunal to decided if the liability under sales tax arises or not. This tribunal can only adjudicate if the liability under service tax arises or not. In this regard appellant argument that they have paid sales tax is of no avail. - AT

  • Service Tax:

    Demand of service tax - once the departments proposal of classification fails entire show cause notice is liable to be quashed. - AT

  • Central Excise:

    Job-work - manufacture of furniture items at site (in the hotel) - construction of false ceiling, marble/ceramic/wooden flooring, air conditioning, wooden skirting, ceiling corners, work station, cupboard, storage units etc. - being Handicraft items, eligible for exemption - AT

  • Central Excise:

    Reversal of CENVAT credit - Merely because the value of goods diminished in the books of accounts of the assessee would not by itself permit the Department to insist on reversal of the credit particularly when such goods were still available in the factory in usable condition. - AT

  • Central Excise:

    Penalty - 100% EOU - CVD and SAD paid wrongly by utilising cenvat credit, which was ought to be paid in cash - penalty confirmed - AT

  • Central Excise:

    CESTAT has held that as Writ Petition has been dismissed it cannot go into question of legality of the demand made by the said letter DD2. According to us, the said approach of CESTAT is completely erroneous. - HC

  • VAT:

    Appointments of administrative member (technical member) of the tribunal - Constitutional validity of Section 11 of the VAT Act and Rule 6 of the VAT Rules - concept of independence of judiciary - High court disposed off the petition with detailed instruction to the government. - HC

  • VAT:

    The expression de-oiled paddy husk and outer covering of paddy would refer to two different commodities, and paddy husk which is outer covering of paddy, cannot be considered as de-oiled paddy husk - HC

  • VAT:

    Whether as a fashion development and promotion society, which conducts fashion shows provides entertainment by hosting such shows? - Whether payment for admission includes sponsorship? - the events are non-ticketed events where entry is by special invite of the organizers - Dissent judgment with different reasoning - HC


Articles


Notifications


News


Case Laws:

  • Income Tax

  • 2017 (12) TMI 1226
  • 2017 (12) TMI 1225
  • 2017 (12) TMI 1221
  • 2017 (12) TMI 1220
  • 2017 (12) TMI 1219
  • 2017 (12) TMI 1218
  • 2017 (12) TMI 1217
  • 2017 (12) TMI 1216
  • 2017 (12) TMI 1214
  • 2017 (12) TMI 1204
  • 2017 (12) TMI 1203
  • 2017 (12) TMI 1199
  • 2017 (12) TMI 1235
  • 2017 (12) TMI 1233
  • 2017 (12) TMI 1177
  • 2017 (12) TMI 1174
  • Customs

  • 2017 (12) TMI 1209
  • 2017 (12) TMI 1181
  • 2017 (12) TMI 1178
  • Insolvency & Bankruptcy

  • 2017 (12) TMI 1212
  • 2017 (12) TMI 1196
  • 2017 (12) TMI 1180
  • Service Tax

  • 2017 (12) TMI 1213
  • 2017 (12) TMI 1211
  • 2017 (12) TMI 1210
  • 2017 (12) TMI 1205
  • 2017 (12) TMI 1202
  • 2017 (12) TMI 1200
  • 2017 (12) TMI 1197
  • 2017 (12) TMI 1194
  • 2017 (12) TMI 1193
  • 2017 (12) TMI 1191
  • 2017 (12) TMI 1190
  • 2017 (12) TMI 1189
  • 2017 (12) TMI 1188
  • 2017 (12) TMI 1184
  • 2017 (12) TMI 1173
  • Central Excise

  • 2017 (12) TMI 1224
  • 2017 (12) TMI 1223
  • 2017 (12) TMI 1222
  • 2017 (12) TMI 1237
  • 2017 (12) TMI 1215
  • 2017 (12) TMI 1208
  • 2017 (12) TMI 1207
  • 2017 (12) TMI 1206
  • 2017 (12) TMI 1201
  • 2017 (12) TMI 1198
  • 2017 (12) TMI 1195
  • 2017 (12) TMI 1192
  • 2017 (12) TMI 1187
  • 2017 (12) TMI 1186
  • 2017 (12) TMI 1234
  • 2017 (12) TMI 1185
  • 2017 (12) TMI 1183
  • 2017 (12) TMI 1182
  • 2017 (12) TMI 1231
  • 2017 (12) TMI 1179
  • 2017 (12) TMI 1230
  • 2017 (12) TMI 1229
  • 2017 (12) TMI 1176
  • 2017 (12) TMI 1175
  • CST, VAT & Sales Tax

  • 2017 (12) TMI 1238
  • 2017 (12) TMI 1232
  • 2017 (12) TMI 1228
  • 2017 (12) TMI 1227
  • Indian Laws

  • 2017 (12) TMI 1236
 

Quick Updates:Latest Updates