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TMI Updates - Newsletter dated: February 16, 2018

TMI SMS


Highlights

  1. Income Tax : Determination of residential status - the assessee has to prove through cogent evidences such as passport to prove her stay outside India for stipulated period as per conditions stipulated u/s 6 of the 1961 Act. - Tri

  2. Income Tax : Once the Assessing Officer has taken the step of initiating penalty under section 271AAA of the Act in respect of additional income offered consequent to search, then the Assessing Officer or any of the authorities below are precluded by provisions of the Act itself to initiate any action for levy of penalty under section 271(1)(c) of the Act. - Tri

  3. Income Tax : Validity of reopening of assessment - addition u/s 69C - bogus purchases - M/s. JPK Trading Pvt. Ltd had never sold any goods and were only issuing bogus sales invoices and charged commission. Thus AO was justified in reopening the case of the appellant for the year under consideration u/s 147 of the Act - Tri

  4. Income Tax : Income accrued in India - Referral fees - considering that the referral activity was undertaken outside India and assessee’s Mumbai branch (PE) had no role to play in the performance of the referral activity, the referral fee of ₹ 18,27,90,578/- earned by CSDB could not be construed to be attributable to assessee’s PE in India - No Tax liability in India - Tri

  5. Income Tax : TDS u/s 195 - payment made to non-residents towards the services rendered by them - non deduction of tds - the non-resident commission agents had rendered services outside India and they were not having P E in India - No TDS liability - Tri

  6. Income Tax : Penalty u/s 271(1)(c) - merely for the reason that the said expenditure was claimed as a revenue expenditure would not justify imposition of penalty under Sec. 271(1)(c), for the reason that the same was held by the A.O to be in the nature as that of a capital expenditure - Tri

  7. Customs : Classification of the imported goods - Insoluble Sulphur - presence of 20% oil as found during testing of the sample of the imported goods - classification of the goods ordered under CTH 2503 0010 - Tri

  8. Indian Laws : Appeal against Chartered Accountants Final Examination result - Merely because the alleged notification contains the term "published for general information" cannot lead to the conclusion that the said notification was actually published especially in view of the categoric statement by the respondent-institute that the said alleged notification was never published in any manner - HC

  9. Insolvency and Bankruptcy : Corporate insolvency procedure - guarantee has not been invoked - guarantor cannot be deemed to be a defaulter, therefore, his case is not covered under clauses (c) and (h) of section 29A of the amended I.B. Code. Disqualifying the entire class of guarantors under clause (h) of section 29A would be discriminatory. - Tri

  10. Service Tax : Refund claim - time limit - In respect of export of services, the relevant date for purposes of deciding the time limit for consideration of refund claims under Rule 5 of the CCR may be taken as the end of the quarter in which the FIRC is received, in cases where the refund claims are filed on a quarterly basis. - Tri

  11. Service Tax : Valuation - includibility - the inclusion of costs and expenditures in the gross taxable value by making provision in the Rules is repugnant to Section 66 and 77 of the Finance Act and to that extent is ultra vires. - Tri

  12. Service Tax : Banking and Financial Service - admittedly there is no transfer of the ownership of the goods at the end of lease, the same does not fall in the category of financial lease and falls in the category of operating lease - demand not sustainable - Tri

  13. Service Tax : Refund of unutilized CENVAT credit - at the time of availment of cenvat credit it was not disputed by the Revenue that these services are not ‘input services’. In the circumstances, at the time of claiming the refund claim, cenvat credit cannot be denied - Tri

  14. Central Excise : SSI exemption - calculation of aggregate value - various food preparations made and sold by the appellants in their kitchen/restaurants are generally covered by the Chapters 16 to 20 will not meet the legal requirement of applying the provisions of Notification 8/2003. - Tri

  15. Central Excise : CENVAT credit - Education cess and Higher education cess paid on CVD - If the 3rd education cess is considered as a levy on total excise duty, the obvious conclusion would be that the credit also admissible - the credit availed on the education cess paid for the third time by the appellants on the CVD portion is eligible. - Tri

  16. Central Excise : Classification of goods - PVC/ HDPE Pipes, HDPE Sprinkler - these pipes which were manufactured and cleared by them are intended for irrigational purpose in agriculture/ horticulture - the classification of the product under Chapter 39 is not sustainable - Tri

  17. Central Excise : CENVAT credit - marine insurance service - insurance for directors and supervisory officers arising in day-to-day functioning - credit allowed - Tri

  18. Central Excise : CENVAT credit - demerger - the transferor will be allowed to transfer the Cenvat credit lying unutilized to the transferee company - Tri

  19. Central Excise : CENVAT credit - utilization of ‘security service’ for the hostel maintained at their factory at a remote location - In order to run the factories smoothly, without any stoppages, they had constructed township/residential colonies near factory premises and accommodated the employees working in such factories - CENVAT credit is maintainable - Tri


Articles


Notifications


Circulars / Instructions / Orders


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 977

    Reopening of assessment - three items of income have escaped assessment - validity of reasons to believe - Held that - A perusal of the reasons to believe reveals that the records on the basis of reasons for re-opening were recorded were available before the AO even at the time of original assessment proceedings as is apparent from the statement of computation of total income placed at page 1 of the paper book and also fortified by the discussion....... + More


  2. 2018 (2) TMI 978

    Treatment to Capital gain on sale of flat - STCG v/s LTCG - period of holding - possession held for more than 36 months - CIT-A treated as LTCG - Held that - Interest in the property is created the moment the agreement to purchase is entered into in favour of the assessee accompanying with part payment. The date of possession is not material for deciding the period of holding by the assessee for the purpose whether the gain is long term or short ....... + More


  3. 2018 (2) TMI 976

    Rectification of mistake - mistake apparent from records - determination of the residential status of the assessee for period under consideration - Unit Trust of India ( which is claimed to be government documents by the assessee) application forms/ receipts filed by the assessee w.r.t. subscription of US 64 securities issued by UTI in July 1995 which were subscribed by the assessee wherein the assessee declared herself to be Non Resident in the ....... + More


  4. 2018 (2) TMI 981

    Addition on account of investment from undisclosed source - assessee was unable to furnish any sustainable documentary evidence with regard to his contention of being a farmer and that the purchase consideration was out of his agricultural income though his returns did not reflect any agricultural income - ITAT deleted the addition - Held that - Land in the name of the assessee and Shri Niwas Thakur was shown in the audited balance sheet of the C....... + More


  5. 2018 (2) TMI 969

    Income accrued in India - Referral fees received by the assessee from Credit Suisse Securities (India) Pvt. Limited - constitute Fees for Technical services - Held that - Merely because the fee was payable by the Indian Company to CSDB after execution of the work of the referred client is no ground to determine the nature of the payment. In this context, the Authority for Advance Rulings in the case of Cushman & Wakefield(S) Pte. Ltd., (2008 ....... + More


  6. 2018 (2) TMI 970

    Validity of reopening of assessment - addition u/s 69C - bogus purchases - Held that - The assessee had shown purchases from the above company of Shri Praveen Kumar Jain amounting to ₹ 20,96,965/-. The AO on examination of the records found that no actual purchases were made from these parties but their names were only used to inflate the business expenses and thereby reducing the income chargeable to tax. According to the AO, it is establi....... + More


  7. 2018 (2) TMI 971

    TDS u/s 195 - withholding of tax - nature of payments made to Intelsat Global Sales & Marketing Ltd., UK on account of Transponder fee in terms of an agreement dated 29/12/2010 - Held that - Relying on the judgment in the case of one of the payee, i.e. Intelsat Corporation US 2012 (9) TMI 1081 - DELHI HIGH COURT we conclude that the assessee is not obligated to deduct tax at source on payments made for transponder services. Thus, on this aspe....... + More


  8. 2018 (2) TMI 972

    Penalty imposed u/s. 271AAB - income from commodity profit has been found during search u/s. 132 of the Act which is not reflected in the regular books of account - AO has accepted that during search the assessee has admitted u/s. 132(4) the income from speculative trading - Held that - Since the assessee is not engaged in business or profession, he does not require to maintain the books of account as per sec. 44AA or sec. 44AA(2) of the Act, the....... + More


  9. 2018 (2) TMI 973

    Computation of LTCG - invoking of the provisions of section 50C - Identification of property - Held that - A perusal of description of properties clearly indicate that the survey numbers giving description of property in development agreement dated 17-01-2004 are different from survey numbers of land which are subject matter of agreement dated 19-01-2004. Even the total area of land is different in both the agreements. Both the authorities below ....... + More


  10. 2018 (2) TMI 974

    Penalty u/s 271AAA - assessee offered additional income during search - Held that - Penalty under section 271AAA of the Act can be levied only for the specified previous year which is clearly defined by Explanation (b) to section and is limited to the said assessment years only. BR BR In the present case, search on the premises of assessee was carried out on 25.08.2011 and hence, the year of search is assessment year 2012-13. The years which are ....... + More


  11. 2018 (2) TMI 975

    Disallowance of management services fees - Held that - Management service fee paid by assessee to Asia Investment Pvt. Ltd is allowable. As decided in assessee s own case 2017 (4) TMI 908 - ITAT PUNE where there is nexus between the expenditure incurred and the purpose of business, then the revenue cannot put itself in the arm chair of the businessman to decide how much of the expenditure is reasonable.The expenditure incurred by the assessee on ....... + More


  12. 2018 (2) TMI 966

    Revision u/s 263 - as per CIT-A assessee was not eligible for deduction u/s 11 and 12 of the I.T.Act and the status of the assessee should be treated as an A.O.P. - Held that - The Cochin Bench of the Tribunal had held in assessee s own case for assessment year 2010- 2011 2018 (2) TMI 857 - ITAT COCHIN that activities of the assessee are charitable in nature and was not hit by the proviso to section 2(15) of the I.T.Act, and consequently, the ass....... + More


  13. 2018 (2) TMI 967

    Rejection of books of accounts - additions made on account of unaccounted investment and unaccounted profits - variation of consumption of electricity was more than 15% - CIT-A deleted the addition - Held that - We find, in group of cases with the lead case being Singla Concast Pvt. Ltd. (2017 (4) TMI 1310 - ITAT CHANDIGARH) has accepted that in view of norms outlined by the committee, there was no reason to reject the book results shown by the a....... + More


  14. 2018 (2) TMI 968

    TDS u/s 195 - payment made to non-residents towards the services rendered by them - non deduction of tds - existence of PE in India - income accrual in India - Held that - The provision of section 5(2)(b) r.w.s. 9(1)(i) of I.T. Act are not applicable as the payee has not earned any income in India as the services by the foreign agents have been rendered outside India without having any PE or business connection in India.The Hon ble Apex Court in ....... + More


  15. 2018 (2) TMI 963

    Penalty u/s 271(1)(c) - expenses incurred on Linkside building claimed as capital expenditure or revenue expenditure - defective notice - non specify the limb of Sec. 271(1)(c) for which the penalty proceedings had been initiated - Held that - We find that the issue involved in the present case is squarely covered by the case of Meherjee Cassinath Holdings Vs. ACIT, Circle-4(2), Mumbai (2017 (5) TMI 904 - ITAT MUMBAI) wherein concluded that as th....... + More


  16. 2018 (2) TMI 964

    Addition on account of bogus purchases - purchases made from non - genuine parties - Held that - The assessee is not a wholesale trader of steel, but is a manufacturer of steel items. It had purchased and used steel from the parties, who have not issued bills. PKS and others from whom the assessee has claimed to have purchased steel, had not supplied goods to it. But consumption of steel has not been questioned-rather sales have been accepted as ....... + More


  17. 2018 (2) TMI 965

    Assessment proceedings u/s. 153C - disallowance of the claims of expenditure u/s. 37 (1) - principles of res judicata OR consistency - Held that - We find that the documents do not disclose any undisclosed income on part of the assessee for any of the above AY s . The AO had disallowed business losses and that clearly prove that seized documents were of no relevance for the AO to make the disallowance. We allow the additional grounds raised by th....... + More


  18. 2018 (2) TMI 980

    Assessment against non existent company - validity of reopening of assessment - Held that - It is evident from the narration of facts that in the first instance the assessment was conducted in the name of a non existing entity. The DRP to whom the matter was directed by the first remand of the ITAT, was not directed to, in turn, require the AO to better the original incurable illegality and here the DRP clearly did that. The fact that the matter ....... + More


  19. 2018 (2) TMI 979

    Penalty u/s 271(1)(c) - concealment of income on the amount offered in the returns filed under section 153 (A) - undisclosed income - Held that - We find that all the three conditions in the present case have been fulfilled because after the search and seizure, the assessee had admitted in his statement that income has been derived from the land deals in the present case and thereafter, he filed returns in pursuance of the notice issued to him un....... + More


  20. 2018 (2) TMI 962

    Disallowance @ 10% of Labor Charges - Non deduction of tds - non-availability of supporting evidence - Held that - AO has not brought on record any cogent reasons for making the disallowance of the above stated amount. It is not the case that the expenses were considered to be bogus or unreasonable. The allegation of the AO is that the vouchers were handmade. There are certain situations and circumstances where the external documents in support o....... + More


  21. 2018 (2) TMI 983

    Release of detained goods - Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and Services Tax Act - Held that - an identical matter has been disposed of by a Division Bench of this Court in The Commercial Tax Officer And The Intelligence Inspector Versus Madhu. M.B. 2017 (9) TMI 1044 - KERALA HIGH COURT , directing expeditious completion of the adjudication of the matter and permitting release of the goods deta....... + More


  22. 2018 (2) TMI 958

    Valuation - exported steel plates - goods overvalued to get higher DEPB benefits - Held that - no active involvement of the officers has emerged from the available records except carelessness on their part. The value declared by the exporter has not given any benefit to the officer. When it is so, there is no justification in the impugned order. BR BR Penalty of Rs One lakh each on the appellants set aside - remaining order upheld - appeal allowe....... + More


  23. 2018 (2) TMI 957

    Penalty on Shri Radheshyam Rander u/s 112 (a) and 112 (b) of the Customs Act, 1962 - 100% EOU - violation of import condition - detailed investigations carried out revealed that M/s. STC had diverted the raw silk imported duty free illegally into the domestic market in gross violation of the provisions of the EOU scheme - Held that - the detailed and timely investigation carried out by DRI has unearthed the illegal activities of M/s. STC. It was ....... + More


  24. 2018 (2) TMI 956

    Rejection of declared value - Polyester Zipper Rolls from China - claim of the appellant was rejected in the impugned order only on the ground that they failed to produce the bills of entry - Held that - while taking contemporaneous imports for comparison of assessable value, it is necessary to examine that such comparison are made with declared value and not with already enhanced value. Further, when there are multiple declared values, during th....... + More


  25. 2018 (2) TMI 955

    Short levy of Customs Duty - only ground on which Revenue has challenged the impugned order is that certified shore tank receipt certificates were not available on record - Held that - The customs duty is to be charged only on the basis of the actual quantity of crude receipt in the shore tank - After a perusal of the appeal records, it is found that the original authority has already perused copies of the respective shore tank receipt certificat....... + More


  26. 2018 (2) TMI 954

    Mis-declaration of imported goods - heavy melting scrap - redemption fine - penalty - Held that - at the time of examination, neither the appellant asked for examination of the report nor disputed the same instead of that he wrote a letter that they have no objection for holding by the department that 142 MT is re-rollable material and the appellant was ready to pay differential customs duty on the said material. As the said fact is on record tha....... + More


  27. 2018 (2) TMI 952

    Valuation - ship demurrage charges - includibility - Held that - the issue of ship demurrage charges has been settled by the Hon ble Supreme Court in favour of the assessee in CCE, Mangalore Vs. Mangalore Refinery and Petrochemicals Ltd. 2016 (1) TMI 325 - SUPREME COURT , where it was held that The demurrage charges are admittedly incurred after the goods reached at Indian ports and, therefore, it is a post-importation event. Such charges, theref....... + More


  28. 2018 (2) TMI 953

    Refund of SAD - only reason why the refund claims were rejected by the original authority was that more than on refund claim was filed in a month which is not in conformity with the CBEC circular No.6/2008, according to which the importers are required to file only one consolidated claim per month for refund in terms of N/N. 102/2007 - Held that - since the notification itself does not provide for such a condition that only one refund claim is to....... + More


  29. 2018 (2) TMI 951

    Classification of the imported goods - Insoluble Sulphur - Department was of the view that because of the presence of oil, the goods will not be classifiable under Customs Tariff Entry 2503 0010 which is applicable to Sulphur but will be classifiable under CTH 3812 3030 - Held that - The imported goods have been declared as Insoluble Sulphur but the doubt in classification has arisen because of the presence of 20% oil as found during testing of t....... + More


  30. 2018 (2) TMI 949

    Absolute confiscation - Gold - smuggling - restricted goods - penalty - Held that - the course of investigation made they submit that they have procured the gold from the dealers in open market but could not identify or could not produce any licit document for procurement of gold from the dealers in open market. As per Section 123 of the Act, the burden is on M/s. Keshavlal Khemchand to show the source of procurement of the said gold which they h....... + More


  31. 2018 (2) TMI 948

    Penalties u/s 114AA of the Customs Act 1962 - smuggling of MOP in the guise of Bentonite Powder - penalty on N.A. Jayaram - charge against the N.A Jayaram is that he has issued invoices of Muriate of Potash (MOP) in the name of Bentonite Powder - Held that - it is admitted by the appellant that they have issued invoice from Sakaleshapur as the invoice in question has been issued by the appellant in the case of MOP in the guise of Bentonite Powder....... + More


  32. 2018 (2) TMI 947

    Appeal against Chartered Accountants Final Examination result - petitioners are aggrieved by the result declared and published on its website by the respondent-institute wherein all of them have failed in their respective Groups - credence given to the alleged notification being circulated on the whatsapp/facebook declreing the petitioners as passed - Held that - The foremost fact which emerges from the record is that there is no denial by any of....... + More


  33. 2018 (2) TMI 986

    Corporate insolvency process - existence of dispute - Held that - We find that there is an existence of dispute pending even before the issuance of demand notice under sub-section (1) of Section 8 of the I & B Code. BR BR In view of existence of dispute , we are not inclined to interfere with the impugned order. In absence of any merit also, the appeal is dismissed........ + More


  34. 2018 (2) TMI 985

    Initiating Corporate Insolvency Resolution Process - Held that - In the case in hand, it is an undisputed fact that Corporate Debtor is a going concern and has about 1178 employees and workmen on its Roll. RP has also admitted that corporate debtor is a going concern. Section 33(7) also provides that order of liquidation shall be deemed to be a notice of discharge to the officers, employees and workers of the Corporate Debtor, except when the bus....... + More


  35. 2018 (2) TMI 984

    Corporate insolvency procedure - Resolution Applicant for transmitting to the Committee of Creditors for taking immediate steps - Held that - In the case in hand, the guarantee has not been invoked, and the personal guarantor has not committed any default. No demand has been made under guarantee. Therefore, no default in the payment of dues by the guarantor has occurred. During the moratorium period, the guarantee cannot be invoked. Thus, present....... + More


  36. 2018 (2) TMI 946

    Refund claim - time limit - Section 11B of the Central Excise Act, 1944 - whether the time limit prescribed under Section 11B in respect of filing of refund claims is to be applied from the date of receipt of payment for export of services or can be considered from the end of the quarter in which such payments have been received? BR BR Held that - there is a specific condition that the refund claims are required to be filed within the period spec....... + More


  37. 2018 (2) TMI 945

    Valuation - includibility - freight charges and equipment rental charges etc. - The department was of the view that as per Rule 5(1) of Service Tax (Determination of Value) Rules 2006, any expenditure or cost which are incurred by the service provider in the course of providing taxable services are to be treated as consideration and has to be included in the value of taxable services for levy of service tax - sub-rule 1 of Rule 5 of Service Tax (....... + More


  38. 2018 (2) TMI 944

    Valuation - includibility - reimbursement of certain expenditure incurred on behalf of the clients - Held that - Regarding exclusion of reimbursement expenses, it is clear that the said exclusion can be allowed on satisfactory proof of documents specifically to the effect that these are on actual basis as per the arrangement between the client and the appellant. This can be easily verified with the supporting documents to be submitted by the appe....... + More


  39. 2018 (2) TMI 943

    Benefit of reduced penalty u/s 78 - non-discharge of service tax - extended period of limitation - Held that - once the demand of service tax liability for the period 01.10.2005 to 31.07.2008 is demanded under the show cause notice dated 17.02.2011, it is obviously done by invoking the extended period. If there is a demand by invoking extended period for the payment of service tax, in my view, the provisions of Section 78 will have to be followed....... + More


  40. 2018 (2) TMI 942

    Classification of services - services of loading of coal at railway goods shed, transporting & unloading same at the premises - whether the activity under taken by the respondent would merit classification under cargo handling service or otherwise? - Held that - the respondent was required to do the transportation of coal from the railway head to the factory premises shifting of various materials with the premises - the first appellate author....... + More


  41. 2018 (2) TMI 941

    CENVAT credit - modernization, renovation or repairs of premises - Held that - there is no dispute as to the services were availed by the appellant, in respect of modernization, renovation or repairs of premises - The First Appellate Authority has also recorded that these services are covered under inclusive part of the definition. If these services are undisputedly, used for modernization, renovation or repair of premises the question of denying....... + More


  42. 2018 (2) TMI 940

    CENVAT credit - Commission agent services - common inputs and input services which are used to utilise for trading activity - Held that - in respect of service tax paid on Commission Agent Services, appellant is not eligible to avail cenvat credit - any commission paid for procurement of business cannot be considered is in relation to business activity and hence held to be ineligible - credit not allowed. BR BR CENVAT credit - trading activity be....... + More


  43. 2018 (2) TMI 939

    Classification of services - cargo handling services or transportation services? - appellants have argued that loading and unloading done is a kind of self-service necessary to undertake the service of transportation undertaken by them. BR BR Held that - Loading in the riverbed is not a simple activity of loading as the sand has to be mined using an excavator or other machine. The location of riverbed is not fixed. The loading in the stockyard is....... + More


  44. 2018 (2) TMI 938

    Classification of service - GTA Service - respondent is engaged in carrying the sugarcane from the collection point to its factory by individual truck operators - whether classified under GTA Service or otherwise? - Held that - an identical issue has came up before the Tribunal in the case of M/s. Ashoka Marbles Pvt. Ltd. Vs. CCE, Jaipur I 2017 (9) TMI 711 - CESTAT NEW DELHI , where it was held that the service of transportation of sugarcane prov....... + More


  45. 2018 (2) TMI 937

    Business Auxiliary Service - non-payment of service tax - Held that - the issue already stands decided in favour of the appellant by the Tribunal in the case of CST, Mumbai-I Vs. Sai Service Station Ltd. 2013 (10) TMI 1155 - CESTAT MUMBAI , where it was held that circular issued by MUL which provides certain incentives in respect of cars sold by the assessee respondent. These incentives are in the form of trade discount, no demand - demand set as....... + More


  46. 2018 (2) TMI 936

    Banking and Financial Service - appellant is engaged in the financial leasing of equipment and machines under the agreement named as Fixed Period Rental Agreement - Held that - admittedly there is no transfer of the ownership of the goods at the end of lease, the same does not fall in the category of financial lease and falls in the category of operating lease - demand not sustainable. BR BR Business Auxiliary Service - it was alleged that appell....... + More


  47. 2018 (2) TMI 950

    Refund of unutilized CENVAT credit - input services - Rule 5 of Cenvat Credit Rules, 2004 - Held that - in respondent s own case M/s. Apotex Pharmachem India Pvt. Limited Versus Commissioner of Central Excise, Customs and Service Tax, Bangalore 2017 (2) TMI 54 - CESTAT BANGALORE this Tribunal held that these services are Input Services and respondent is entitled for refund claim filed by them - appeal dismissed - decided against Revenue........ + More


  48. 2018 (2) TMI 896

    CENVAT credit - demerger of appellant Company wherein CENVAT credit were lying unutilised - case of Revenue is that the invoice is in the name of other party and on which respondent has availed CENVAT credit therefore they are not entitled to avail CENVAT credit - Held that - Identical issue came up before Tribunal in the case of Commissioner of Central Excise v. Samruddhi Cement Ltd. 2013 (8) TMI 877 - CESTAT MUMBAI , where it was held that If t....... + More


  49. 2018 (2) TMI 897

    CENVAT credit - input service credit - commission paid to the commission agents - Held that - similar issue decided in the case of M/s Dwarikesh Industries Sugar Limited & Ors Vs. CCE, Meerut 2017 (10) TMI 1114 - CESTAT, ALLAHABAD , where it was held that appellants are entitled to avail Cenvat credit on commission paid to the selling agent for selling the goods in terms of Rule 2(l) of the Cenvat Credit Rules, 2004 - refund allowed - appeal ....... + More


  50. 2018 (2) TMI 898

    CENVAT credit - Goods Transportation Service - CBEC Circular No.988/12/2014-CX dated 20.10.2014 - Held that - transportation services for transporting their final product from their factory to their buyers place and transport charge has been included in the assessable value. In such a case, the service tax paid on such outward transportation charges shall be admissible as CENVAT Credit to the appellant - credit allowed - appeal dismissed - decide....... + More


  51. 2018 (2) TMI 895

    Penalty u/s 11 A(1) of the Central Excise Act, 1944 - job-work - short payment of duty - extended period of limitation - Held that - It is true that the respondent has not paid duty at the time of clearances of intermediary goods, which resulted that they paid short duty. But when they have been pointed out by audit party, they paid duty along with interest therefore, malafide intention is missing in this case. In such circumstance, no show-cause....... + More


  52. 2018 (2) TMI 893

    Refund claim - denial on the premise that as appellant has paid the differential duty without any protest therefore refund cannot be granted - whether Section 11A(2B) had been applied or not? - Held that - as per Section 11A(2B), the show-cause notice is not required to be issued if the assessee pays duty along with interest - Admittedly, in this case appellant did not pay interest. Therefore, the appellant did not comply with the provisions of S....... + More


  53. 2018 (2) TMI 894

    CENVAT credit - input services - Repair and Renovation of their Paint Shop - Garden Maintenance and Cutting of Trees - Safety issues - House Keeping and Cleaning - Erection, Commissioning and Installation Service - Health service - Driver s TA charges services - Rule 2(l) of the Cenvat Credit Rules 2004 - Held that - As per Rule 2(l) of Cenvat Credit Rules 2004 for renovation services assessee is entitled to avail cenvat credit - credit allowed. ....... + More


  54. 2018 (2) TMI 890

    Refund claim - denial on the ground that the Repairs and Maintenance Services availed by the appellant have no nexus with the export of goods made by them - Held that - claim cannot be rejected merely on the ground that the refund claim filed by the appellant for the services availed for Repairs and Maintenance service have no nexus with the export of goods - refund allowed - appeal allowed - decided in favor of appellant........ + More


  55. 2018 (2) TMI 891

    Refund of unutilized cenvat credit - CHA service - Manpower Recruitment and Supply Agency Service - denial on the premise that the services availed by the appellant were CHA, they have no nexus with the export of goods and Manpower Recruitment and Supply Agency Service have no nexus with the export of goods - Held that - on CHA Service, the said issue has been examined by this Tribunal in the case of Chandra Engineers Vs. CCE, Delhi 2014 (8) TMI ....... + More


  56. 2018 (2) TMI 892

    Clandestine removal - certain manufactured goods have not been entered in statutory records and certain torn out invoices were also found in dustbin - retraction of statements - Held that - the affidavit which has not been filed with the Department in time cannot be the basis for violation that the statement has been retracted from next day by Shri Nagappa. Therefore the retraction is not admissible - Revenue has been able to prove clandestine re....... + More


  57. 2018 (2) TMI 887

    CENVAT credit - utilization of security service for the hostel maintained at their factory at a remote location - penalty u/r 15(2) of CCR 2004 read with section 11AC of CEA 1944 - Held that - reliance placed in the case of Reliance Industries Ltd. Versus Commissioner of CE & ST (LTU) , Mumbai 2015 (11) TMI 100 - CESTAT MUMBAI , where it was held that Appellant has various factories which are situated in remote areas. In order to run the fact....... + More


  58. 2018 (2) TMI 888

    CENVAT credit - molasses - rule 6(3) of CENVAT Credit Rules 2004 - Held that - the appellant had failed to discharge its obligation to establish that the amounts debited in the CENVAT credit account had not been passed on to the buyer. On the bar of unjust enrichment operating against that claim. BR BR The appellant had submitted evidence in the form of certificate of Chartered Accountant for not having passed on the burden of payment discharged ....... + More


  59. 2018 (2) TMI 889

    Remission of duty - rule 21 of Central Excise Rules, 2002 - Held that - Hon ble High Court of Punjab & Haryana in Barodia Plastics Pvt Ltd v. Commissioner of Central Excise 2015 (7) TMI 667 - PUNJAB AND HARYANA HIGH COURT , where it was held that A perusal of the Tribunal s order reveals a consideration which is neither logical nor founded in law as insurance companies do not provide insurance against payment of taxes much less payment of Exc....... + More


  60. 2018 (2) TMI 886

    Revision of assessment - challenge to revision on the ground that the same was passed after the expiry of the time limit prescribed for the said purpose in terms of clause (c) of sub-section (2) of Section 56 of the Act - Held that - Going by the plain meaning of the words used in the provision, the word year therein can never be the assessment year. Further, if the word year contained in the provision is reckoned as the assessment year, then the....... + More


 
 
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