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Tax Updates - TMI e-Newsletters

Home e-Newsletters Index Year 2018 December Day 4 - Tuesday

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TMI Tax Updates - e-Newsletter
December 4, 2018

Case Laws in this Newsletter:

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



Highlights / Catch Notes

  • GST:

    Classification of services - Supply of Services or not - Services to NMC by providing the Busses along with Driver, Fuel & Maintenance for use of General Public at Large - The activity is liable to GST.

  • GST:

    Levy of GST - The applicant is not liable to pay GST on the supply of goods located outside India to customers within India without physically bringing the goods to India.

  • GST:

    Classification of goods - various poultry feed products - whether covered under the HSN CODES 2301, 2302, 2308, 2309 and effectively exempted or not - As such applicant product Mono calcium phosphate is not covered by the scope of exemption notification

  • GST:

    Detention of goods with vehicle - goods detained on the ground Part B of the accompanied e-way bill has not completed - if the petitioner desires to have the interim release of the goods, there is no escape from Section 129.

  • GST:

    Profiteering - Respondent did not pass on the benefit arising out of the increased ITC in the case of the subject transaction - the possibility of the Respondent having profiteered and thus unfairly benefited in the similar manner, in case of the other supplies affected by him to other customers, cannot be ruled out.

  • Income Tax:

    Reopening of assessment - assessment in the name of Legal representatives - validation of proceedings u/s 292B r.w.s. 292BB - The legal heirs participated in the assessment proceedings but never filed any reply on the merits of the issue - ITAT has wrongly set aside the assessment order.

  • Income Tax:

    TDS u/s. 194H / 192 - incentives paid to the employees - TDS liability - The total payment including salaries are below the threshold limits - Observation of the AO that assessee has changed the nomenclature of the expenses to incentives is not correct.

  • Income Tax:

    Receipts on account of “Sale of Software” - chargeability to tax as income from Royalty u/s 9(1)(vi) and Article 12 of the DTAA - India-Ireland DTAA - Since treaty provisions are more beneficial, an adjudication on nature of receipts vis a vis provisions of Section 9(1)(vi) is not required.

  • Income Tax:

    TDS u/s 194C or 194J - outsourcing fee operation and record storage expenses as data sorting, scanning, retrieving of records - annual maintenance charges paid was liable for deduction of tax at source u/s 194C and not u/s 194J

  • Income Tax:

    Disallowance of payment made to relatives of the Directors u/s 40A(2)(b) - AO should have considered experience, qualification and technical competency, which has not been done in the instant case - Director is taxable at maximum marginal rate - Additions deleted.

  • Customs:

    Procedure for disposal of un-claimed/un-cleared cargo under section 48 of the Customs Act, 1962, lying with the custodians –reg.

  • Customs:

    Advance licenses - who is liable to fulfill the condition of notification, the original licensee or the “transferee” of the licensee? - Any way onus to prove that input stage credit was not availed in respect of the goods exported is not certainly on the “transferee” the licence i.e. appellants.

  • DGFT:

    Availability of Speed Post dispatch particulars in MEIS module

  • Service Tax:

    Business Support Services - The group entity has merely arranged certain services for Colt group as a whole, the cost of which is being shared between the group companies - The activity is not taxable as BSS

  • Service Tax:

    Demand of Interest - CENVAT Credit availed but not utilized - since the assessee has not taken the benefit of the cenvat credit taken except entry in their account books, there was no liability to pay the interest.

  • Service Tax:

    CENVAT Credit - relationship between input and output service - a scrutiny by the adjudicating authority was made in the absence of the appellant who, given an opportunity, would have been in a position to justify the same, subject to satisfaction of the adjudicating authority.

  • Central Excise:

    CENVAT Credit - input - lubricants /greases used in the dumpers - the dumpers in question are being used for transporting the extracted ore in the Mines of the appellant. Ore is an input of the appellant herein and the entire Mines is the place of manufacture - Credit allowed.

  • Central Excise:

    Classification of goods - Micro Cellular Rubber Blocks - actual user based exemption - even if the buyers used the goods for repair of footwear, the violation of condition of Notification cannot be presumed.

  • Central Excise:

    Extended period of limitation - Merely that assessee is PSU is not sufficient to set aside the SCN as being barred by time - SCN not barred by time.

  • Central Excise:

    Misdeclaration of goods - declaring one of the products that is Natural Gasoline Liquid (NGL) as “Naphtha” - Commissioner rather has proceeded with the pre-supposed mind of holding the product of respondent being Naphtha. The findings accordingly are held as apparently wrong hence are hereby set aside

  • Central Excise:

    Clandestine removal - surplus stock of angles, channel and joist - non-acceptance of appellant's explanation does not raise any substantial question of law

  • Central Excise:

    Interest on delayed refund - Section 11BB of the Central Excise Act - the definition of 'debt' under the Interest Act, covered the present event also - appellant is entitled to interest @ 6% per annum


Articles


Circulars / Instructions / Orders


News


Case Laws:

  • GST

  • 2018 (12) TMI 140
  • 2018 (12) TMI 139
  • 2018 (12) TMI 138
  • 2018 (12) TMI 135
  • 2018 (12) TMI 137
  • 2018 (12) TMI 136
  • 2018 (12) TMI 145
  • 2018 (12) TMI 144
  • 2018 (12) TMI 143
  • 2018 (12) TMI 142
  • 2018 (12) TMI 141
  • Income Tax

  • 2018 (12) TMI 124
  • 2018 (12) TMI 123
  • 2018 (12) TMI 122
  • 2018 (12) TMI 121
  • 2018 (12) TMI 120
  • 2018 (12) TMI 119
  • 2018 (12) TMI 118
  • 2018 (12) TMI 117
  • 2018 (12) TMI 133
  • 2018 (12) TMI 116
  • 2018 (12) TMI 115
  • 2018 (12) TMI 114
  • 2018 (12) TMI 134
  • 2018 (12) TMI 132
  • 2018 (12) TMI 113
  • 2018 (12) TMI 112
  • 2018 (12) TMI 111
  • 2018 (12) TMI 131
  • 2018 (12) TMI 130
  • 2018 (12) TMI 129
  • 2018 (12) TMI 110
  • 2018 (12) TMI 128
  • 2018 (12) TMI 127
  • 2018 (12) TMI 109
  • 2018 (12) TMI 126
  • 2018 (12) TMI 125
  • 2018 (12) TMI 108
  • 2018 (12) TMI 107
  • 2018 (12) TMI 106
  • 2018 (12) TMI 105
  • 2018 (12) TMI 104
  • 2018 (12) TMI 103
  • Customs

  • 2018 (12) TMI 93
  • 2018 (12) TMI 76
  • Corporate Laws

  • 2018 (12) TMI 99
  • 2018 (12) TMI 96
  • Insolvency & Bankruptcy

  • 2018 (12) TMI 78
  • 2018 (12) TMI 77
  • Service Tax

  • 2018 (12) TMI 94
  • 2018 (12) TMI 92
  • 2018 (12) TMI 87
  • 2018 (12) TMI 86
  • 2018 (12) TMI 83
  • 2018 (12) TMI 81
  • 2018 (12) TMI 80
  • 2018 (12) TMI 75
  • 2018 (12) TMI 74
  • 2018 (12) TMI 73
  • 2018 (12) TMI 72
  • Central Excise

  • 2018 (12) TMI 91
  • 2018 (12) TMI 90
  • 2018 (12) TMI 102
  • 2018 (12) TMI 89
  • 2018 (12) TMI 88
  • 2018 (12) TMI 101
  • 2018 (12) TMI 85
  • 2018 (12) TMI 84
  • 2018 (12) TMI 98
  • 2018 (12) TMI 82
  • 2018 (12) TMI 97
  • 2018 (12) TMI 79
  • 2018 (12) TMI 95
  • 2018 (12) TMI 71
  • CST, VAT & Sales Tax

  • 2018 (12) TMI 100
 

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