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TMI Updates - Newsletter dated: February 15, 2018

Highlights

  1. Income Tax : Reopening of the assessment - sanction u/s 151 - When the Revenue Department is manned by highly qualified officers they are to evolve legally sustainable standard operating procedure for discharging quasijudicial function. - Tri

  2. Income Tax : AO was not competent and did not possess the jurisdiction to resolve / decide the issue as to whether the assessee was a 'Primary Agricultural Credit Society' or a 'Co-operative bank', within the meaning assigned to it under the provisions of the Banking Regulation Act and to take a contrary view especially in view of the Explanation provided after the clause (ccvi) of section 5 r.w.s Section 56 of the Banking Regulation Act. - Tri

  3. Income Tax : Benefit of exemption u/s. 11 - The receipts from BCCI are not in the nature of trade, business or commerce and consequently the proviso to section 2(15) of the Act was not applicable - assessee is entitled for exemption u/s 11 and 12 - Tri

  4. Income Tax : Transfer pricing - the transaction in the instant case of sale of shares in ‘AB’ International will have to be benchmarked as per the transfer pricing provisions contained in Chapter X of the Act. Thus transfer pricing provisions contained in sections 92 to 92F of the Act would apply to the proposed transaction. - AAR

  5. Customs : Drawback u/s 75 of the CA 1962 - exporter is entitled to claim that the whole of the copper content in its manufactured product should be treated as “deemed to be imported material”, for the purpose of sub-section (1) of Section 75 - Availing of the Cenvat credit also does not disentitle the respondent from claiming the above benefit - HC

  6. Customs : Classification of import goods - The AEPC has declared the imported bales as fabrics and not as “quilt covers” as there was no individual weight and/or length - imported items cannot be covered as “quilt covers” as there was no reference to composition, nature, structure to be identified as „quilt cover‟. - Tri

  7. Service Tax : Renting to Immovable Property Service - parking facility - the owners of the shop/ and their employees are availing the parking facility for which monthly consideration is collected by the appellant along with the rent payable for the said shops and premises - the consideration attributable to such income is liable to be taxed. - Tri

  8. Service Tax : The existence of clause in the contract to the effect that it will include Service Tax by itself will not give any inference that such Service Tax has been collected from the client. The checklist for RA bills makes it clear that the recipient is also not recognizing any payment in any manner which can be attributed Service Tax - the demand in terms of Section 73A (2) will not survive. - Tri

  9. Service Tax : Validity of SCN - appellant has provided this service to the third parties on behalf of the main consultant - the services provided by the appellant should merit classification under “Business Auxiliary Service” - cannot taxed under “Management Consultancy Service” - Demand cannot sustain on the ground of wrong classification of the service - Tri

  10. Service Tax : Levy of service tax - Authorized Learning Centre (LCs) - The University is recognized by the Statute as well as by the UGC, DEC & AICTE. When, it is so, then the LCs have no control over the fee which is directly collected by the University who later shared with LCs. - Demand of service tax set aside - Tri

  11. Service Tax : Commercial or Industrial Construction Service - the building is a Government building which is used for creating a facility of training, testing etc. for industrial units, in consonance with the Board circular, the building cannot be said to be a commercial building. - Tri

  12. Central Excise : SSI Exemption - use of Brand name - The markings are by compulsion of law only in order that Governmental authorities involved in the PDS may identify and segregate the aforesaid jute bags. This being the case, it is obvious that there is no “brand name” involved in the facts of the present cases. - SC

  13. Central Excise : CENVAT credit - supplementary invoices - The appellant is paying service tax on reverse charge basis in terms of Rule 2(1)(d) of Service Tax Rules, 1994 and therefore credit can be availed in terms of Rule 9(i)(e) of CCR - Tri

  14. Central Excise : Area Based Exemption - Benefit of N/N. 50/03-CE - The appellant has started three different units on the same plot of land and having separate plant and machinery, separate, inputs, manpower, finances and are manufacturing different products, therefore, all the three units cannot be considered as one unit. - Tri

  15. Central Excise : CENVAT credit - storage and warehousing services abroad, rendered to the appellant for storing the finished goods abroad - whether the appellant herein is eligible to avail CENVAT credit of service tax paid on warehousing services performed outside the country (post export services)? - Held Yes - Tri

  16. Central Excise : Classification of goods - carpets/floor coverings - car mats, made up of felt - predominance test - whether classified under Chapter Sub-heading No.5703.20 of the CETA or under under Chapter Sub-heading No.5703.90? - the mere fact that the surface of the carpet is polypropylene fibre, it does not cease to be jute carpets. - Tri


Articles


Notifications


News - Feeds


Case Laws:

More information of case laws are visible to the Subscriber of a package i.e:-
Party Name, Court Name, Date of Decision, Full Text of Headnote, Decision etc.


  1. 2018 (2) TMI 868

    Addition on account of the assessee s share of loss in the partnership firm while computing the book profit u/s 115JB - MAT - assessee is a non-banking finance company which is engaged in the business of trading of investment in shares and securities as well as rendering financial consultancy services - Held that - The decision in the case of Metro Exporters Ltd. (2006 (7) TMI 353 - ITAT MUMBAI) was rendered on a similar issue wherein it was held....... + More


  2. 2018 (2) TMI 869

    Entitlement for exemption u/s 54F denied - denial of claim as new property required to be acquired by the HUF but not the individual - HUF and individual are two separate entities and if individual co-parcener acquires the property the same cannot be treated as HUF property - Held that - HUF has sold the property and received 1/6th share of consideration amounting to ₹ 20,00,000/- out of which contributed ₹ 15 lakhs towards purchase o....... + More


  3. 2018 (2) TMI 870

    Revision u/s 263 - how order passed by the AO was erroneous and prejudicial to the interests of the Revenue ? - Held that - In the instant case, the assessee has provided the entire information to A.O. at the time of assessment, which was being verified by the A.O. before completing assessment. This is evidenced by the questionnaire issued by the A.O. as well as the information furnished by the assessee at the time of assessment. BR BR In the con....... + More


  4. 2018 (2) TMI 871

    Reopening of the assessment - non application of mind BY CIT-A - No proper sanction - Held that - Perusal of the noting sheet dated 09.03.2010 to 30.12.2010 made available to the Bench for perusal shows that only AO has recorded that Addl.CIT has considered the reasons recorded before according the sanction, however even no prima facie material is there, if Addl.CIT has applied his mind by considering the reasons recorded before according the san....... + More


  5. 2018 (2) TMI 872

    Undisclosed cash deposits in bank account - Held that - The enquiries of the A.O. revealed that the parties who have purportedly made the impugned advances were related parties and they did not have the creditworthiness to make the advances. The lack of financial capacity of the parties clearly shows an indication that the sale agreements were only make believe arrangements. Since the assessee failed to furnish the evidence to establish the genui....... + More


  6. 2018 (2) TMI 873

    TPA orders against non existent company - Held that - TPO passed the order u/s 92CA(3) on 29.01.2013. Thereafter, the AO passed the draft assessment order dated 12.03.2013 and the assessee raised the objections before the ld. DRP who issued the direction to the TPO/AO vide order dated 26.12.2013 and the TPO on the directions of the ld. DRP passed the order giving effect of the direction of the DRP-1 u/s 24(5) of the Act on 21.01.2014. All the afo....... + More


  7. 2018 (2) TMI 874

    Eligibility to registration of the trust u/s 12AA - denial of claim stating that the trust is formed merely for complying the CSR requirements of the settler - proof of charitable activity - Held that - A profit making Company can grant certain donation to the charitable trust, how can the activities of the trust become not charitable with this act. The fact that the CSR expenditure are not allowable expenditure under section 37 of the Act is rel....... + More


  8. 2018 (2) TMI 866

    Eligibility for claiming deduction u/s 80P - denial of claim as assessee failed to fulfil the principal objective of providing agricultural credits to members and it was engaged in the business of banking and only negligible percentage of loans disbursed by the assessee was for agricultural purposes - Held that - An identical issue was considered by this Tribunal in the case of Edanad-Kannur Service Co-operative Bank Ltd 2018 (1) TMI 848 - ITAT C....... + More


  9. 2018 (2) TMI 867

    Disallowance of loss on foreign exchange fluctuation - allowable busniss expenditure - Held that - The issue of loss on foreign exchange fluctuation was examined by this Tribunal for assessment year 2012-13 in the assessee s own case. Placing reliance on the judgment of Apex Court in Woodward Governor India (P) Ltd. (2009 (4) TMI 4 - SUPREME COURT) this Tribunal found that the loss suffered by the assessee on foreign exchange fluctuation has to b....... + More


  10. 2018 (2) TMI 865

    Penalty u/s 271(1)(c) - addition relating to ESOP expenses - Held that - It is noticed that the addition relating to ESOP expenses has been deleted and relevant findings are given in para 13 of the aforesaid referred to order 2016 (8) TMI 821 - ITAT DELHI . Thus no merit in the appeal of the department. Accordingly, we confirm the view taken by the ld. CIT(A) for deleting the penalty u/s 271(1)(c) BR BR Transfer pricing adjustment u/s 92CA(3) - H....... + More


  11. 2018 (2) TMI 863

    Claim of exemption u/s 54 - AO denied the claim because as per the agreement with the builder, the house was to be completed within 4 years, whereas, as per the provisions of section 54 of the Act, the house should have been constructed within 3 years from the date of receipt of the capital gains - Held that - Various courts have held that if assessee invests the amount in purchase / construction of building within the stipulated period and the c....... + More


  12. 2018 (2) TMI 864

    Addition under the head salary - assessee was unable to prove the attendance of the employee through attendance register - Held that - In the FY 2012-13, the assessee company has itself got registered with the PF authorities retrospectively from FY 2007-08 onwards and that in the present FY i.e. 2008-09 the liability towards PF has been remitted and for the relevant assessment year under consideration the assessee has produced before us the list ....... + More


  13. 2018 (2) TMI 862

    Interest disallowance - CIT-A granted relief to assessee - Held that - Order passed by Ld CIT(A) on this issue does not call for any interference, since the own funds available with the assessee is more than the value of investments made in subsidiaries and further, there is commercial expediency in making investments, since the subsidiary companies are also said to be engaged in the similar line of business activity. Accordingly we uphold the or....... + More


  14. 2018 (2) TMI 861

    Reopening of assessment - addition on account of unexplained investment - addition on the basis of non-appearance of some of the persons before the AO - Held that - Observation of CIT(A) indeed does not state that the sources are totally bogus and AO was in fact, asked to make further enquiries. Prima-facie the report of the Inspector does indicate that many of the people are existing and they have lands. Even though the Inspector seems to have i....... + More


  15. 2018 (2) TMI 859

    Disallowance of commission expenses - bogus expenditure - CIT-A allowed the claim - Held that - The services have been rendered for appellant s business by the above said commission agents, the appellant has discharged its onus by filing all possible details including confirmations and TDS and successfully established that the genuine expenditure has been expended for the business purposes. On the other hand, the AO could not gather the positive ....... + More


  16. 2018 (2) TMI 860

    Reopening of assessment - Unexplained investment - guinity of credits - Held that - Observation of CIT(A) does not state that the sources are totally bogus and AO was in fact, asked to make further enquiries. Since no enquiries worth were made, the order of CIT(A) Bhubaneswar cannot be relied on, for denying the genuineness of the credits. Since so much time has lapsed and the affidavits furnished dt. 25-10-2007 have not been disproved, the conte....... + More


  17. 2018 (2) TMI 858

    Addition made u/s 69C - bogus nature of purchases made from suppliers and the parties were not found existing at the given addresses - estimation of profit - FAA restricted the addition @ 12.5% of the bogus purchases - Held that - In such type of cases, there is no option but to estimate the profit which depends upon the subjective approach of an individual and the material facts available on record. In the present appeals, before this Tribunal, ....... + More


  18. 2018 (2) TMI 857

    Benefit of exemption u/s. 11 - AO held that the activities of the assessee falls within the limb of any other objects of general public utility - activities of the assessee are in the nature of trade, commerce or business, since they are in receipt of fee/cess from their activity - assessee engaged in the promotion and upliftment of the game of cricket in the State of Kerala and received ₹ 18.63 crores from BCCI as contribution - Held that ....... + More


  19. 2018 (2) TMI 855

    Taxability of capital gains in India - transfer of shares held in AB International Private Limited ( AB International) to a group company, AB Singapore Pte - eligibility of benefits of India-Mauritius tax treaty - Held that - Yes, the Applicant would be entitled to the benefits of the Agreement between the Government of Mauritius and the Government of the Republic of India for the avoidance of double taxation and prevention of fiscal evasion; and....... + More


  20. 2018 (2) TMI 856

    Taxability of capital gains in India - transfer of shares held in AB India to its subsidiary company, AB Singapore - eligibility of benefits of India-Mauritius tax treaty - benami transaction - Held that - Neither was the Applicant acting on its own behalf in taking decisions like an independent company with a separate legal status in a foreign territory, regarding the investment in AB India, though it was an Investment Holding company itself; an....... + More


  21. 2018 (2) TMI 854

    Condonation of delay in filing appeal - Refund claim - the decision in the case of MRF Ltd. Versus Commissioner of Customs, Chennai 2017 (5) TMI 1324 - CESTAT CHENNAI contested - Held that - Delay of 174 days in filing the appeal is condoned subject to payment of costs of ₹ 2,00,000/- to be deposited by the petitioner with the Cancer Institute (WIA), Adyar, Chennai, Tamilnadu within four weeks........ + More


  22. 2018 (2) TMI 851

    100% EOU - benefit of N/N. 53/97-Cus. dated 03.06.1997 - demand on the ground that cotton waste generated (32.10%) out of duty free imported raw cotton was over and above the permissible limit of 25% - Held that - once the manufactured goods which are excisable are allowed to be sold in accordance with Exim Policy no demand of customs duty can be raised - In the present case cotton waste which is cleared to DTA is an excisable goods falling under....... + More


  23. 2018 (2) TMI 853

    Interest u/s 27(a) of the Customs Act, 1962 - Iranian National - Baggage Rules - foreign currency - Smuggling - section 27 and 27(a) of the CA - Held that - any person claiming refund of any duty or interest paid by him or borne by him may make an application in such form as may be prescribed for such refund to the named authority before the expiry of one year from the date of payment of such duty or interest. How that application should be made,....... + More


  24. 2018 (2) TMI 850

    Classification of imported goods - Thermistor, Thermistor-sub assembly/ assembly - appellant claimed the classification under CTH---85334030, Thermistors - Revenue objected to the said classification holding that these Thermisters are used in automobiles and are accordingly to be classified under Chapter heading 84159000 as parts of auto air conditioners. BR BR Held that - identical issue decided in appellant own case CC, Patparganj Versus M/s Su....... + More


  25. 2018 (2) TMI 849

    Suspension of CHA License - validity of proceedings - time limit as per CBLR 2013 - Regulation 20 of CBLR, 2013 - Held that - In the present case, the said notice has been issued, admittedly, on 9.12.2016 only, much later than 90 days limit. We note that by now, it is well settled principle that has been upheld by the various High Courts as well as by this Tribunal that the time limit mentioned in the CBLR, 2013 are mandatory and are to be statut....... + More


  26. 2018 (2) TMI 848

    Classification of import goods - Detention of goods - imported Polyester Quilt cover from China - Held that - the quilt covers usually comes in pieces but in the instant case, it is in length. When the cloth is in 280 bales having the weight of 25900 Kgs., one cannot be identified as what is the length of quilt and its weight. Moreover, Apparel Export Promotion Council (AEPC) by its letter dated 1.04.2015 has declared the goods as Upholstery Fabr....... + More


  27. 2018 (2) TMI 852

    Drawback u/s 75 of the CA 1962 - the second ingredient copper that goes into the manufacture of their products is procured indigenously from local producers. Since the products exported by the respondent contained copper, the respondent claimed drawback - powers conferred by Section 75(1A) of CA. BR BR Held that - power u/s 75(1A) is to declare through a notification to be published in the official gazette that the material contained in a particu....... + More


  28. 2018 (2) TMI 847

    E-auction - non-deposit of the security money and request for adjustments - withdrawal of LOIs - Held that - The impugned letters of the NDMC withdrawing the LoIs is based on justifiable grounds, inter alia violation of the conditions of the NIT by the Petitioners (such as, non-deposit of the security money and request for adjustments not provided for in the NIT, in the case of Honshu), and engaging in business relationships with black-listed com....... + More


  29. 2018 (2) TMI 846

    Whether the petitioner was justified in holding the amount payable to the respondent after clearing its dues in apprehension of any tax liability that may have any reason against the company? BR BR Held that - the witness of the respondent had admitted that the tax liability had arisen because of a typographical error of the staff of the respondent in documents relating to the transaction and hence for fault of the respondent, the petitioners hav....... + More


  30. 2018 (2) TMI 823

    Transfer of license in favor of partnership firm - manufacture of liquor - payment of the requisite transfer fees and damages for short lifting of liquor - Held that - this Court is satisfied that the petitioner cannot lay a challenge to the transfer of licence in favour of the partnership firm in accordance with the partnership deed dated 1st April, 2002, even though such an application was filed by the said firm belatedly in the year 2013, sinc....... + More


  31. 2018 (2) TMI 885

    Corporate Insolvency Resolution Process - Time limit for completion of insolvency resolution process - extension of the CIRP more than 90 days after the completion of 180 days - Held that - It is settled principle that the proviso cannot be torn apart from the main enactment nor can it be used to nullify by implication what enactment clearly says, nor set at naught the real object of main enactment, unless the words of proviso are such that it is....... + More


  32. 2018 (2) TMI 884

    Corporate Insolvency Resolution Process - Held that - We have seen the primary document, Annexure-R/1 which is entered between M/s. Blue Star Alloys Pvt. Ltd. and the respondent company. The respondent company has also relied on Annexure-R/5, the power of attorney given by M/s. Blue Star Alloys Pvt. Ltd., in favour of Shri Mohammed Saleem Shaikh wherein he was only an authorised representative to lift the scrap material from the respondent compan....... + More


  33. 2018 (2) TMI 844

    Classification of taxable service - works contract service - effective date of tax liability - Held that - the services rendered by the appellant, are of composite in nature involving transfer of goods as well as provision of service. As such, the tax liability on such contracts will arise only w.e.f. 1.6.2007 - the works contract service shall be liable to tax only w.e.f. 1.6.2007. BR BR Whether or not the appellant discharged service tax correc....... + More


  34. 2018 (2) TMI 843

    Business Auxiliary Service - appellant entered into one such agreement with IGL for giving facility of selling CNG through their outlets; accounting and selling of the said CNG - Revenue entertained view that the considerations received by the appellant from IGL are in the nature of commission for rendering Business Auxiliary Service in terms of Section 65(19) of the Finance Act, 1994. BR BR Held that - similar set of facts has been a subject mat....... + More


  35. 2018 (2) TMI 842

    Renting of immovable property service - Revenue held a view that license agreement is for renting of immovable property service and service tax was liable to be paid w.e.f. 1.6.2007 - Held that - the whole consideration is with reference to leasing out of commercial property and is rightly to be taxed as renting of immovable property w.e.f. 1.6.2007. The appellant pleaded that they have paid service tax on such liability - a portion of the consid....... + More


  36. 2018 (2) TMI 841

    Commercial Training or Coaching Service - Franchise Services - appellants are not paying service tax on the consideration received for sale of books and materials to the franchise - exemption under N/N. 12/2003 ST dated 20.06.2003 - whether or not the appellants are right in their claim for exemption under Notification No.12/2003? - Held that - The said Notification provides for exemption of Service Tax for so much of the value of all taxable ser....... + More


  37. 2018 (2) TMI 845

    Penalty - Advertising Services - non-payment of tax within due dates - payment of tax dues within interest before issuance of SCN - Whether the CESTAT is correct in holding that penalty u/s 76 & 77 of the Service Tax Act is not leviable when part of the service tax due and the interest is paid before the issuance of show cause notice? BR BR Held that - Perusal of the material on record discloses that interest payable on the belated payment of....... + More


  38. 2018 (2) TMI 840

    Renting to Immovable Property Service - parking fees collected from various persons who used the premise of the appellant to park vehicles - Held that - The parking facility availed by various visitors to the mall is not in furtherance of any business or commerce as the other party is not involved in any such activity. However, the owners of the shop/ and their employees are availing the parking facility for which monthly consideration is collect....... + More


  39. 2018 (2) TMI 839

    Banking and other Financial Services - Consulting Engineering Services - reverse charge mechanism - Section 66A of the Finance Act, 1994 - Held that - It is a fact that the interpretation of applicability of reverse charge as per the Service Tax Rules, 1994 and thereafter Section 66A of the Act was subject matter of substantial litigation. BR BR Since in the present case full tax amount stands discharged we note that the circumstances of imposing....... + More


  40. 2018 (2) TMI 838

    Construction services - the applicants have referred to a decision of Hon ble High Court of Allahabad pronounced in the case of M/s. Vishnu Saran And Co. Versus Union Of India And Another 2013 (2) TMI 848 - ALLAHABAD HIGH COURT which covers the issue in question - Held that - admittedly the said decision of the Hon ble Allahabad High Court was not before the adjudicating authority and as such the applicability of the same could not be considered ....... + More


  41. 2018 (2) TMI 837

    Works Contract Service - composite contract - erection, commissioning or installation service - Held that - the type of services rendered by the appellant has been clearly brought out by the adjudicating authority. He has recorded the finding that the services are in the nature of composite contracts which involve supply of material and rendering of services. Such contracts are rightly classifiable under works contract services which was included....... + More


  42. 2018 (2) TMI 836

    Works contract - denial of composition scheme - N/N. 01/2006-ST dated 01.03.2006 - Held that - the appellant has failed to show the evidence that during the impugned period, the whole of the turnover of the appellant pertains to new contracts therefore, benefit of composite scheme is not available to the appellant. BR BR As per N/N. 01/2006-ST dated 01.03.2006, the appellant is entitled for the benefit of said notification as the appellant has no....... + More


  43. 2018 (2) TMI 835

    Demand - Collection in the name of service tax - Construction activity - works contract service - revenue contented that the terms of the contract clearly stipulate that Service Tax is included in the consideration - invocation of Section 73A (2) of FA - Held that - the appellant did establish that they have not collected any amount in any manner representing Service Tax. The existence of clause in the contract to the effect that it will include ....... + More


  44. 2018 (2) TMI 834

    Goods Transport Agency Service - benefit of reduced penalty u/s 78 - Held that - For availing reduced penalty of 25%, the assessee has to deposit the adjudged tax with applicable interest along with 25% of the penalty imposed under Section 78, within 30 days of the receipt of adjudication order - Admittedly, in the present case, the time limit of 30 days has not been followed by the appellant/assessee. There is no provision to extend such time li....... + More


  45. 2018 (2) TMI 785

    Clandestine removal - excesses of stock - molasses found in excess than the recorded balance in RG-1 Register - Held that - Admittedly the molasses quantum is dependent upon the foam which might appear in the said storing tanks on account of whether conditions and various other factors - Further there is no evidence on record to show that such excess molasses, which are under the control and supervision of State Excise Authorities were meant for ....... + More


  46. 2018 (2) TMI 784

    Whether the show cause notice have been validly issued, invoking the extended period of limitation? BR BR Held that - there is no allegation in the SCN in the nature of concealment of facts or recording of wrong or misleading information in the records or books of accounts or any other contumacious conduct on the part of the appellant - it appeared that the assessee have taken the credit without any ulterior motive or with intention to evade paym....... + More


  47. 2018 (2) TMI 782

    Refund claim of the excess duty paid - denial on the ground of unjust enrichment - Held that - the duty paid by the appellant has not been borne by the user of the vehicle - the appellant has been able to pass bar of unjust enrichment therefore the appellant is entitled to claim refund of duty paid by them - appeal allowed - decided in favor of appellant........ + More


  48. 2018 (2) TMI 783

    N/N. 149/86 dated 01.03.1986 and 98/88 dated 01.03.88 - extended period of limitation - validity of SCN - Held that - As the activity of the respondent was in the knowledge of the Revenue, nobody has stopped the Revenue to issue SCN within time - As the activity of the respondent came to the knowledge of the department in May 1987 itself and respondent was asked to file requisite declaration under N/N. 149/86, in that circumstance, learned adjudi....... + More


  49. 2018 (2) TMI 781

    Liability of Central Excise Duty - proviso to Sub-section (1) of Section 11A of the Central Excise Act, 1944 - electricity consumed by the appellant during the period from 2007-08 to 2011-12 - Held that - it was settled principle of law that the electricity consumption cannot be the only factor or basis for determining the duty liability, that too on imaginary basis, especially when Rule 173E mandatorily requires the Commissioner to prescribe/fix....... + More


  50. 2018 (2) TMI 780

    Maintainability of appeal - monetary limit involved in appeal - Held that - In view of Second proviso to Section 35B (1), this Tribunal has discretion to refuse of to admit the appeal in respect of order referred to clause (b) or Clause (c) or clause (d) where amount of duty, amount of fine or penalty determined by such order does not exceed ₹ 50,000/-(before 6/8/2014) and ₹ 2 Lakhs. BR BR The duty amount involved in the case is ͅ....... + More


  51. 2018 (2) TMI 779

    Liability of duty - dummy packs - classification - Held that - the dummy packs were not marketable, since they were not capable of being bought and sold in the market because they were advertising material of the assessee - dummy packs did not attract Central Excise duty. BR BR Since the question of dutiability does not arise, the question of classification of the said goods under chapter 48 and 49 does not arise. BR BR Appeal dismissed - decided....... + More


  52. 2018 (2) TMI 777

    Clandestine removal - - Held that - Indubitably, the appellants were in error in not including the money value of the free issue materials and not amortizing the money value of tools issued free of cost by M/s. FIL. Nonetheless, it clearly emerges that their gaffe was only on account of procedural misunderstanding and misinterpretation of law. There is no allegation that appellants had been indulging in clandestine removal of goods without paymen....... + More


  53. 2018 (2) TMI 778

    CENVAT credit - whether Cenvat credit have been rightly denied on the transportation expenses of employees/workers engaged, through the manpower service provider? - Held that - the transport charges raised by the service provider for manpower service is related to the transport/conveyance expenses of the workers provided to the appellant manufacturer. Such transport expenses are incidental to providing of manpower service. BR BR The transport exp....... + More


  54. 2018 (2) TMI 776

    100% EOU - CENVAT credit - outdoor catering service - rent-a-cab service - accident insurance - Held that - any activity that has some connection with the business, whether directly or indirectly, would be entitled to availment of CENVAT credit - outdoor catering service is a statutory requirement in factories, while rent-a-cab service is utilized for picking up and dropping of employees, and accident insurance is for coverage of contingencies at....... + More


  55. 2018 (2) TMI 775

    CENVAT credit - storage and warehousing services abroad, rendered to the appellant for storing the finished goods abroad - whether the appellant herein is eligible to avail CENVAT credit of service tax paid on warehousing services performed outside the country (post export services)? - Held that - the goods are already exported from India and on landing abroad they are stored in the warehouses situated in such countries where the goods are despat....... + More


  56. 2018 (2) TMI 774

    Classification of goods - carpets/floor coverings - car mats, made up of felt - predominance test - whether classified under Chapter Sub-heading No.5703.20 of the CETA or under under Chapter Sub-heading No.5703.90? - Held that - the mere fact that the surface of the carpet is polypropylene fibre, it does not cease to be jute carpets. The argument of Revenue on the basis of surface or essentially test was held to be erroneous. - Rule 3 of the Rule....... + More


  57. 2018 (2) TMI 773

    Input tax credit - Section 10(3) of the KVAT Act, 2003 - Held that - the controversy involved in these writ petitions is squarely covered by a decision of this Court in Kirloskar Electric Co. Ltd. And Others Versus The State of Karnataka 2018 (2) TMI 524 - KARNATAKA HIGH COURT , where it was held that the machinery provisions cannot be allowed to override and defeat the substantive claim of the Input Tax Credits under Section 10(3) of the KVAT Ac....... + More


  58. 2018 (2) TMI 772

    Validity of assessment order - APVAT act, 2005 - appeal rejected on the ground that the pre-deposit condition was not satisfied - main grievance of the petitioner is two fold, viz., (a) that the original order of assessment was without jurisdiction, as it included the turnover relating to works executed in other States; and (b) that in any case, the decision of this Court in Ankamma Trading Company 2011 (2) TMI 1254 - Andhra Pradesh High Court ha....... + More


 
 
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