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Home e-Newsletters Index Year 2018 December Day 5 - Wednesday

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TMI Tax Updates - e-Newsletter
December 5, 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:

    Exemption from GST - Security Services rendered to Pimpri Chinch wad Municipal Corporation in relation to functions entrusted to Municipality under Article 243W of the Constitution - Being a pure service, benefit of exemption allowed.

  • GST:

    Levy of GST - export of service or not - intermediary services - The “Commission” received by the Applicant in convertible Foreign Exchange for rendering services as an “Intermediary” between an exporter abroad receiving such services and an Indian importer Of an Equipment, is not an “export of service” and GST will be levied.

  • GST:

    Levy of GST - sale of goods outside India - The goods sold in the subject transaction are non-taxable supply as no tax is leviable on them till the time of customs clearance in accordance with and compliance of Section 12 of the Customs Act, 1962 and Section 3 of the Customs Tariff act, 1975

  • Income Tax:

    Penalty levied u/s 271(c) for failure to deduct TDS - Imposition of penalty for non-compliance of statutory provision, is not a criminal liability, but is only a civil liability and therefore, bad motive on the part of the assessee is not essential to be proved.

  • Income Tax:

    Addition on account of Business Promotion Expenses - personal element in the business promotion expenses to the extent of 10% of the total expenses cannot be ruled out.

  • Income Tax:

    The penalty proceedings initiated by the Assessing Officer against a dead person was not enforceable in law and the penalty imposed under section 271AAB in pursuance of such invalid initiation is not sustainable.

  • Income Tax:

    Merely because a business group and Directors of company are members of society, does not dilute nature of society being a trust. - assessee deserves to be granted registration under section 12 AA of the Act.

  • Income Tax:

    Any expenditure incurred by a sugar factory on cane development programmes would be eligible for deduction in computing the taxable profits u/s 37(1) - The withdrawal of the tax concession under s. 35C would not affect this position.

  • Income Tax:

    Entitlement to claim of deduction under Sec. 80-IA - filing of an audit report is procedural and directory in nature, and the same could also be validly filed by an assessee at the appellate stage.

  • Income Tax:

    Addition on the transactions shown in 26AS - the said amount is considered while filing the return of income of the proprietorship concern and consequently the assessment in the hand of the dissolved partnership firm would amount to double taxation of the same income

  • Income Tax:

    TDS u/s 195 - payments made to non-residents - tds liability - the commission were paid to such non-resident agents in respect of all the services rendered by them related to the export made by the assessee outside India - there is no PE in India - No TDS liability.

  • Customs:

    Procedure for movement of goods under TIR Carnets-reg.

  • Customs:

    continuation of Anti Dumping Duty (ADD) - Time limit for completing the New Shippers Review - the procedure under Rule 22, was initiated on 23/9/2015 and it culminated on 12/4/2017, after 18 months, which is more than the time prescribed in Rule 17 and Rule 23.

  • Customs:

    The coal imported by the appellant is weak coking coal having Ash content below 12%, accordingly, the appellant is eligible for the benefit exemption notification.

  • Customs:

    Demand of differential duty - the difference between the theoretical weight that has been declared on the bill of entry vis-a-vis the weight that has been physically computed worked out to 3.57% and is well within the 5% tolerance provided for, in the Indian Standard specifications - demand set aside.

  • Customs:

    Classification of imported goods - Encoder / Multiplexer / Modulator - As the impugned goods are having the function of transmission of data and other functions and hence the same would merit classification under CTH 8517

  • DGFT:

    Amendments in the Appendix 3B, Table 2 of the Merchandise Exports from India Scheme (MEIS)

  • Corporate Law:

    Companies (cost records and audit) Amendment Rules, 2018

  • Corporate Law:

    Direction of re-audit of the accounts - allegation of Oppression and Mismanagement - A litigation may remain pending for years and dispute relating to Accounts of a particular year may be raised. It does not mean that for years to come finalization of Accounts should be kept suspended or in doubts.

  • State GST:

    Clarifications of issues under GST related to casual taxable person and recovery of excess Input Tax Credit distributed by an Input Service distributor.

  • State GST:

    Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16

  • Service Tax:

    Cenvat Credit - input services - where the input services are used in providing output services and there is some nexus, then invoking the test of necessity would be adding words to the rule which is not permissible in a fiscal statute.

  • Service Tax:

    Refund of Service tax paid - Cargo Handling Services or port services - since these activities deal with export cargo, there is no liability for payment of service tax - the service tax paid is liable to be refunded.

  • Service Tax:

    Classification of services - Mandap Keeper Service or otherwise - letting out of the auditorium - cultural functions are also social functions and renting out the hall for cultural functions would attract Service Tax liability

  • Central Excise:

    Refund/rebate of duty paid on goods exported - rejection of rebate claim on the ground of non submission of ARE-1 application - The submission of ARE-1 document was essential requirement and it cannot be condoned.

  • Central Excise:

    Shortage of goods - Discrepancy of stock as per form 3CD filed with income tax return - demand of duty upheld

  • VAT:

    Exemption from payment of sales tax - supply of the specified drugs to WHO - Sub-section 3 of Section 6 of CST Act - The interplay of the provisions of the Sub-section 3 and Sub-section 1 of Section 6, in the present case would lead to some what harsh consequences. However, when the provisions of law are clear, the consequences cannot be avoided.

  • VAT:

    Recovery of tax dues - those statutes under which a charge is created on the assets will have priority over mortgage rights under any other Act. And those statutes where charges are not created will be accorded a status of unsecured debts and will have low priority over the secured creditors under the SARFESAI Act


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • GST

  • 2018 (12) TMI 225
  • 2018 (12) TMI 228
  • 2018 (12) TMI 227
  • 2018 (12) TMI 226
  • Income Tax

  • 2018 (12) TMI 212
  • 2018 (12) TMI 211
  • 2018 (12) TMI 210
  • 2018 (12) TMI 209
  • 2018 (12) TMI 208
  • 2018 (12) TMI 207
  • 2018 (12) TMI 206
  • 2018 (12) TMI 205
  • 2018 (12) TMI 204
  • 2018 (12) TMI 203
  • 2018 (12) TMI 202
  • 2018 (12) TMI 201
  • 2018 (12) TMI 200
  • 2018 (12) TMI 223
  • 2018 (12) TMI 199
  • 2018 (12) TMI 198
  • 2018 (12) TMI 197
  • 2018 (12) TMI 196
  • 2018 (12) TMI 195
  • 2018 (12) TMI 194
  • 2018 (12) TMI 222
  • 2018 (12) TMI 193
  • 2018 (12) TMI 221
  • 2018 (12) TMI 192
  • 2018 (12) TMI 220
  • 2018 (12) TMI 219
  • 2018 (12) TMI 218
  • 2018 (12) TMI 191
  • 2018 (12) TMI 217
  • 2018 (12) TMI 190
  • 2018 (12) TMI 189
  • 2018 (12) TMI 188
  • 2018 (12) TMI 187
  • 2018 (12) TMI 186
  • 2018 (12) TMI 185
  • 2018 (12) TMI 184
  • 2018 (12) TMI 216
  • 2018 (12) TMI 183
  • 2018 (12) TMI 215
  • 2018 (12) TMI 214
  • 2018 (12) TMI 213
  • 2018 (12) TMI 182
  • 2018 (12) TMI 181
  • 2018 (12) TMI 180
  • 2018 (12) TMI 179
  • Customs

  • 2018 (12) TMI 174
  • 2018 (12) TMI 173
  • 2018 (12) TMI 172
  • 2018 (12) TMI 176
  • 2018 (12) TMI 175
  • Corporate Laws

  • 2018 (12) TMI 177
  • 2018 (12) TMI 178
  • Insolvency & Bankruptcy

  • 2018 (12) TMI 224
  • Service Tax

  • 2018 (12) TMI 171
  • 2018 (12) TMI 170
  • 2018 (12) TMI 169
  • 2018 (12) TMI 168
  • 2018 (12) TMI 167
  • Central Excise

  • 2018 (12) TMI 165
  • 2018 (12) TMI 164
  • 2018 (12) TMI 163
  • 2018 (12) TMI 162
  • 2018 (12) TMI 161
  • 2018 (12) TMI 160
  • 2018 (12) TMI 159
  • 2018 (12) TMI 149
  • 2018 (12) TMI 150
  • 2018 (12) TMI 158
  • 2018 (12) TMI 151
  • 2018 (12) TMI 157
  • 2018 (12) TMI 156
  • 2018 (12) TMI 155
  • 2018 (12) TMI 154
  • 2018 (12) TMI 153
  • 2018 (12) TMI 152
  • 2018 (12) TMI 166
  • CST, VAT & Sales Tax

  • 2018 (12) TMI 148
  • 2018 (12) TMI 147
  • 2018 (12) TMI 146
 

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