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TMI Updates - Newsletter dated: February 17, 2018

Highlights

  1. Income Tax : Explanatory Notes to the Provisions of the Finance Act, 2017 - Circular

  2. Income Tax : Deemed dividend u/s 2(22)(e) - CIT(A) was not justified in holding that the amount of capital subsidy was a part of accumulated profited to be considered as deemed dividend under S. 2(22)(e). - Tri

  3. Customs : Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver - Notification

  4. Customs : If the goods are pilferred after they are unloaded or lost or destroyed at any time before clearance for home consumption or deposit in warehouse, importer is not liable to pay duty leviable on such goods. - Tri

  5. Customs : Project import - the appellants have imported pipes and utilized the same for drinking water supply project and not for water treatment project - appellants will not be entitled to the benefit of Project Import - Tri

  6. Customs : Import of restricted item - audio visual equipment - the imported goods will be eligible for clearance without an import licence since they are in the nature of capital goods for the importer who is providing audio visual service. - Tri

  7. DGFT : Amendments/Corrections in Table 2 of Appendix 3B Foreign Trade Policy 2015-20 - Public Notice

  8. Insolvency and Bankruptcy : Corporate Insolvency Resolution Process - the Petitioner being an Assignee under the Assignment Agreement of the operational debt cannot maintain this Petition for recovery of arbitral Award amount which has not been assigned to it. - Tri

  9. Service Tax : Levy of service tax - maintenance charges for upkeep of the apartment or premises - whether the CESTAT was right in holding that the assessee was not providing Management, Maintenance or Repair Service by collecting amount from prospective flat buyers, for maintaining the building, in the guise of deposits which is not returnable? - Appeal of the revenue dismissed - HC

  10. Service Tax : Composition scheme for works contract - If the erection contract is only a service contract there is no question of availing composition scheme available to works contract service. - Tri

  11. Service Tax : Nature of receipt of donation - clubs or associations services - Such donations even if made by the non-members, cannot be made liable to service tax under the Finance Act, 1994 - Tri

  12. Service Tax : Liability of tax - real estate agent service - the promoter and manager of such property cannot be taxed as real estate agent for the consideration received to substitute the name of the owner / allottee in their records - Tri

  13. Service Tax : Real Estate Agent service - service tax was on the charges collected for change of name of the owner of the property in the residential complex originally built and promoted by the appellant - matter remanded to the Original Authority for a fresh re-look - Tri

  14. Service Tax : Supply of tangible goods service - bunker-houses - appellant is claiming these are accommodations created at site. - there is no identified supply of bunker-houses as considered by the lower authorities - demand of service tax set aside - Tri

  15. Service Tax : Commercial or Industrial Construction Services - The hospitals and buildings for medical facilities used by the public cannot be considered as civil construction or building intended for use for commerce or industry. Collection of fee, if any, for the usage of the said facility by itself will not make a building as used for commerce or industry. - Tri

  16. Service Tax : Voluntary Compliance Entitlement Scheme - rejection of VCES application - the appellant attracts disqualification because demand was confirmed against him under the WCS for the period 2007-08 which clearly covered under Section 106(2) of the Finance Act, 2013 - Tri

  17. Service Tax : Whether appellant herein engaged in operations and maintenance of power plants, as per the agreements entered with GVK industries Ltd., at various locations is liable to be taxed? - operation of power plant is not taxable under maintenance and repair services - Tri

  18. Central Excise : Orders of Supreme Court, High Courts and CESTAT accepted by the Department and on which no review petitions, SLPs have been filed– reg. - Circular

  19. Central Excise : SSI Exemption - clubbing of clearances of four entities - buying and selling material to each other - a few transactions do not by any manner indicate that there was a common pool of funds. - Tri

  20. Central Excise : Validity of SCN - The appellants are trying to defeat the proceedings by seeking cross examination of the people who were their employees and have now left. - They cannot escape by challenging the valuation of goods where they failed to co-operate and where reasonable opportunity has been given done by the Revenue, to give proper valuation. - Tri

  21. Central Excise : Classification of Rose Syrup - Sarasaparilla Syrup’ (Nannari syrup) - whether classified under CETH 2001.00 or under CETH 2108.20? - subject goods merit classification under 2108.20 as 'Sharbat' - 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 1092

    Reopening of assessment u/s 147 - claim for deduction u/s 80IC - Held that - No doubt the assessment was reopened by the revenue within four years from the end of the assessment year but powers conferred on the Revenue u/s 147/148 is to power to reassess and not power to review. BR BR AO in original assessment framed u/s 143(3) vide orders dated 29-11-2010 has elaborately discussed the issue of deduction u/s 80IC wherein revised return of income ....... + More


  2. 2018 (2) TMI 1091

    Section 80G disallowance - Held that - We are of the opinion that both the lower authorities have erred in law as well as on facts in this peculiar circumstances to interpret the relevant statutory provision Section 80G of the Act in an unsustainable manner which tantamounts to denying the necessary relief in both assessment years i.e. the year of actual payment as well as that of getting the necessary donation receipt. The purpose of using the c....... + More


  3. 2018 (2) TMI 1090

    Allowable busniss expenses u/s 37(1) - payment of damage for breach of contract - compensation/damages paid by TEDPL - Held that - In the absence of any suggestion of bad faith or fraud, the true principle is that the taxing statute has to be applied in accordance with the legal rights of the parties to the transaction. When the transaction is embodied in a document, the liability to tax depends upon the meaning and content of the language used t....... + More


  4. 2018 (2) TMI 1089

    Penalty levied u/s 272A(2)(k)/274 r.w.s. 200(3) - reasonable cause in not furnishing the said quarterly TDS return in time - whether the provisions of section 200(3) are applicable? - Held that - The case of the assessee before us is that the delay in submission of e-TDS return was because of strict requirement of e-filing of the statement and filing of such e-TDS return in this year PAN of person on whose behalf tax is collected were required ma....... + More


  5. 2018 (2) TMI 1088

    Adjustment on account of royalty payment - ALP adjustment - Held that - Since the issue as to payment of royalty by the taxpayer to its AE is one of the actual business arrangement, there is no material on file to take a different view on the issue as the same has already been settled in favour of the taxpayer in AY 2010-11 and AY 2011-12, so ALP adjustment on account of royalty payment made by the TPO/AO is not sustainable in the eyes of law, he....... + More


  6. 2018 (2) TMI 1087

    Scheme of taxation of charitable or religious trust/institution as codified u/s.11,12 and 13 Carry forward of excess expenditure for adjustment against income of subsequent years - Held that - We find that the issue before us of carry forward of excess expenditure for adjustment against income of subsequent years is covered by the decisions of the Co-ordinate Benches of this Tribunal in the case of Jyothi Charitable Trust 2015 (7) TMI 859 - ITAT ....... + More


  7. 2018 (2) TMI 1086

    Levy of penalty u/s 271(1)(c) - reopening of assessment - satisfaction recorded by the JCIT without application of own mind - Held that - Where re-assessment proceedings were initiated under section 148 of the Act against additional income offered by the assessee in the revised return of income, there was no assessment under section 143(1) of the Act itself. Hence, mention of Explanation 2(c) is incorrect. The JCIT had approved the same in an aut....... + More


  8. 2018 (2) TMI 1085

    Deemed dividend u/s 2(22)(e) - capital subsidy/grant receipt - urrent accommodation adjustments accounts/trade advances - whether or not in the nature of loan or advance - Held that - The provision of S. 2(22)(e) along with its Explanations 2 as stood at the relevant point of time, shall only mean that the expression accumulated profits shall only include all the profits of the company up to the date of distribution which are normal revenue profi....... + More


  9. 2018 (2) TMI 1084

    TPA - ALP determination - comparable selection criteria - Held that - Assessee is into IT Enabled Services and IT Software Development thus companies functionally dissimlar with that of assessee need to be deselected from final list. BR BR Treating foreign exchange gain/loss as non-operating items in both the segments i.e. ITES services and Software Development services while determining the arm s length price of the international transactions - ....... + More


  10. 2018 (2) TMI 1083

    Allowability of expenditure in advertisement - nature of expenditure - revenue or capital expenditure - Held that - When the assessee incurred expenditure in the course of earning profit, whether mere facilitating the assessee in carrying out trading operations or the business in a more effective manner, then the expenditure is only on the revenue account. A mere incidental benefit or enduring benefit or commercial advantage cannot result in disa....... + More


  11. 2018 (2) TMI 1082

    Disallowance made under Rule 8D2(ii) r.w.s. 14A - sufficiency of own funds - Held that - AS the assessee has demonstrated that the interest paid was totally for sugar trading business or for loans on Plant & Machinery and no interest was paid for investment in assets which earned exempt income and also since the assessee is having its own funds many times more than the investments made, no disallowance is required to be made under Rule 8D2(ii....... + More


  12. 2018 (2) TMI 1081

    Disallowance of commission paid - Held that - For the present year it is undisputed that commission paid by the assessee is 12.28% of revenue whereas, in Assessment Year 2008-09 the coordinate bench has accepted 12.73% of the commission of the turnover as reasonable. Therefore, we do not find any reason to confirm the disallowance. In the present case also the assessee has submitted the details of commission paid. It is not the case of the AO tha....... + More


  13. 2018 (2) TMI 1080

    Registration granted u/s. 12A cancelled - proof of charitable activities - assessee received donation in lieu of cash from M/s. Herbicure - Held that - Registration granted u/s. 12AA of the Act cannot be cancelled without infraction of law as contemplated u/s. 12AA(3) of the Act. As per the requirement of section 12AA(3) of the Act, the Ld. CIT(E) has to be satisfied that the activities of the trust or institution are ingenuine or are not being c....... + More


  14. 2018 (2) TMI 1094

    Reopening of assessment - Deduction u/s. 80IA in respect of three Windmills situated at Bogat - eligibility of reasons to believe - Held that - Assessee s claim for deduction under section 80IA of the Act was examined by the Assessing Officer minutely during the scrutiny assessment proceedings. He has given detailed reasons for reducing the claim by ₹ 3.8 lacs and accepting the rest of the claim. Any attempt now on part of the Assessing Off....... + More


  15. 2018 (2) TMI 1093

    Validity of reopening of assessment - notice against non existent entity - eligibility of reasons to believe - notice not addressed in the correct name - Held that - When notice is issued under Section 147/148 of the Act, firm and conclusive findings are not required for merits would be examined and thereafter final finding recorded in the assessment order. As long as, there is honest and reasonable opinion formed by the Assessing Officer and the....... + More


  16. 2018 (2) TMI 1077

    Whether the appellant are required to discharge duty on the invoice quantity of bulk liquid cargo imported as reflected in the Bills of entry or on the quantity shown in the out turn report as determined? BR BR Held that - Hon ble Supreme Court in the case of Mangalore Refinery and Petrochemicals Ltd. Vs CCE Mangalore 2015 (9) TMI 245 - SUPREME COURT has held that If the goods are pilferred after they are unloaded or lost or destroyed at any time....... + More


  17. 2018 (2) TMI 1079

    Duty drawback - allegation was that the petitioners have availed excess drawback - opportunity of personal hearing sought by the petitioner - Held that - The powers under the provisions of the Customs Act and the relevant Regulations do not envisage piecemeal hearing to render a decision in a controverted manner. All that this Court can do is to direct the respondent to consider the preliminary issues as first among other issues that the petition....... + More


  18. 2018 (2) TMI 1078

    Principles of natural justice - It is urged that the trial court did not appreciate the evidence in correct perspective. Summons to appear before the Investigating Agency were issued by speed post and were duly served upon the respondent - Held that - The trial court committed no error to observe that before initiating criminal proceedings against the respondent, the prosecution/Investigating Agency was expected to ensure that the summons were du....... + More


  19. 2018 (2) TMI 1076

    Refund claim - denial on the ground that since the appellant had not filed appeal against the assessment order, therefore, the refund claim filed under Sec 27 of the Customs Act, 1962 is not maintainable - whether the appellant are entitled to refund of customs duty paid against respective Bills of Entry which was finally assessed on 22.2.2014? - Held that - post amendment to Sec 27, w.e.f. 1.4.2011 there is no necessity to file appeal against th....... + More


  20. 2018 (2) TMI 1075

    Valuation - includibility - royalty charges paid by the appellant to the Japan Company - Held that - the cost of imported components and parts are to be excluded to arrive at the net value for computation of royalty charges - the factual and legal findings as recorded by the Original Authority cannot be contested - appeal allowed - decided in favor of appellant........ + More


  21. 2018 (2) TMI 1074

    Project import - Drinking Water Supply Projects for supply of water for human or animal consumption - N/N. 21/2002-Cus. dated 1.3.2002 - Held that - the appellants have imported pipes and utilized the same for drinking water supply project and not for water treatment project - appellants will not be entitled to the benefit of Project Import as well as Customs N/N. 21/2002. BR BR Reliance placed in the case of Pratibha Industries Ltd. Versus Commi....... + More


  22. 2018 (2) TMI 1073

    ROM application - validity of stay order - Held that - Stay Order has been pronounced after appreciating the submissions of both sides - Hon ble Karnataka High Court in the case of CCE, Bangalore-III Vs. McDowell & Co. Ltd. 2005 (4) TMI 77 - HIGH COURT OF KARNATAKA AT BANGALORE has held that once the Tribunal has passed an order in connection with predeposit under Section 35F of the Central Excise Act, 1944, Tribunal cannot modify that order ....... + More


  23. 2018 (2) TMI 1072

    100% EOU - Refund of unutilized CENVAT credit - respondent had claimed that these services on which credit was availed were utilized in the manufacture and export of readymade garments - Held that - the CBEC has issued Circular No.120/01/2010/ST dated 19.1.2010 in which certain guidelines have been prescribed to process such refund claims under Rule 5 - the learned Commissioner (A) has recorded the finding that all the services, received and util....... + More


  24. 2018 (2) TMI 1071

    Demand of differential duty - quantities received by the OMCs in excess of the quantities found removed at the end of their refineries - Held that - Because of the nature of the goods i.e. petroleum products, such variations are inevitable - The guidelines have allowed monthly adjustments between the quantities of excess receipt with the quantities of short receipt before the payment of duty on monthly basis. Even though this clarification is dat....... + More


  25. 2018 (2) TMI 1070

    Short levy of customs duty - finalisation of provisional assessment - Held that - The customs duty is to be charged only on the basis of the actual quantity of crude receipt in the shore tank - the original authority has already perused copies of the respective shore tank receipt certificates and has finalised the provisional assessments - appeal dismissed - decided against Revenue........ + More


  26. 2018 (2) TMI 1063

    Company name removal from the Register of Companies ROC - non commencement of business within one year of its incorporation - restoration of name seeked - Held that - The Company is registered with the object of doing Real Estate business including other businesses. From the documents filed by the appellant on 23rd August, 2016 it appears that the Company entered into the MOU to purchase certain lands for the purpose of development. The Bank s ac....... + More


  27. 2018 (2) TMI 1062

    Oppression and mismanagement - Company Petition maintainability - no proper GPA and not fulfilling requisite conditions prescribed under u/s. 241 of the Companies Act, 2013 - validity of sale deed - removal of second respondent from the office of Company - Held that - Company has proposed an Extraordinary General Meeting as early as 2nd July, 2015 with proposal to remove the second respondent from the office of Company on the ground that he was f....... + More


  28. 2018 (2) TMI 1059

    Offence under PMLA - private companies allegedly investing in companies owned by Mr. Y.S. Jaganmohan Reddy, namely M/s Jagati Publication Pvt. Ltd. in exchange for obtaining SEZ lands at prices lower than the stipulated rates as a quid pro quo, which is stated to have resulted in monetary losses to the exchequer - Held that - From the entire gamut of the matter and material placed on record, it appears to us that the allegation of bribe and cheat....... + More


  29. 2018 (2) TMI 1058

    Offence under PMLA - in-genuine investments made into M/s Jagati Publications Ltd and M/s Carmel Asia Holdings Pvt Ltd - provisional attachment - Held that - The allegation of bribe and cheating are yet to be considered by the Special Court. It is yet to be examined after trial as to whether any criminality is involved or not. There is no denial on the part of the appellants that the said investments were made. BR BR There are versions against th....... + More


  30. 2018 (2) TMI 1061

    Offence under PMLA - provisional attachment orders - nature of offence - whether M/s Jagati Publications Pvt. Ltd. and Y.S Jagan Mohan Reddy have thereby committed the schedule offence of cheating and the Proceeds of Crime are liable to be proceeded against under PMLA? - Held that - From the facts of the present case, at the best if proved, it may be a case of cheating. The suit for recovery of amount has not been filed. Shares are with the inves....... + More


  31. 2018 (2) TMI 1060

    Offence under PMLA - respondents are not pressing the interim order granted by the Appellate Tribunal, Prevention of Money Laundering Act, at New Delhi - Held that - Though Mrs.G.Hema, Special Public Prosecutor, appearing for the appellant seeks for interference of the orders, impugned in these appeals and also sought for an answer on the substantial questions of law, raised in the instant Civil Miscellaneous Appeals, in view of the averments and....... + More


  32. 2018 (2) TMI 1095

    Corporate Insolvency Resolution Process - Whether the Award amount is an operational debt?- Whether Petitioner, i.e., TVS Interconnect Systems Private Limited is an Operational Creditor - Whether there exists any dispute relating to the operational debt? - enforce the Arbitration Agreement - suppression of material facts - Held that - In view of the Assignment Agreement, it can be said that the Petitioner is an Assignee of the operational debt du....... + More


  33. 2018 (2) TMI 1054

    Works contract service - appellants are engaged in supply and erection of raw water piping and pumping system for M/s Raj West Power Limited and Common Effluent Treatment Plant and RO System for ELDCO SIDCUL Industrial Park at Sitarganj in Rajasthan - Revenue entertained a view that the appellants are liable to service tax under works contract service and for the same, gross value which includes the materials supplied also should have been consid....... + More


  34. 2018 (2) TMI 1057

    Levy of penalty u/s 28 of the FA, 1994 at a reduced rate of 25% - decision in the case of Commissioner of CGST And Central Excise, Surat Versus Metro Security Services 2017 (7) TMI 529 - GUJARAT HIGH COURT contested - Held that - delay condoned - leave granted........ + More


  35. 2018 (2) TMI 1053

    Advertising service to Government Departments - non-payment of service tax - case of appellant is that since the first demand notice was issued invoking extended period, alleging suppression second demand notice invoking extended period is bad in law - Held that - the principles laid down by the Hon ble Supreme Court in Nizam Sugar Factory 2006 (4) TMI 127 - SUPREME COURT OF INDIA is applicable to present case, where it was held that When the fir....... + More


  36. 2018 (2) TMI 1052

    Nature of receipt of donation - clubs or associations services - Valuation - it was alleged that subscription and other fees collected from the members of such clubs, associations etc., form taxable income as defined in Section 65 (25) (a) read with definition of corresponding taxable service in Section 65 (105) (zzze) of the Finance Act, 1994 - Held that - there was no quid pro quo vis- -vis such donations by way of providing any service to such....... + More


  37. 2018 (2) TMI 1056

    Levy of service tax - maintenance charges for upkeep of the apartment or premises - whether the CESTAT was right in holding that the assessee was not providing Management, Maintenance or Repair Service by collecting amount from prospective flat buyers, for maintaining the building, in the guise of deposits which is not returnable? - Whether the CESTAT has erred in holding that assessee is providing statutory service and has rendered definition pr....... + More


  38. 2018 (2) TMI 1051

    Principles of Natural Justice - there was no discussion of any of the points raised by the appellant except reproduction of all the points raised with a summary conclusion confirming the original order - Held that - The appellants made elaborate submissions on each one of the points now in dispute and we note there are clear judicial pronouncements covering at least two of these disputes. These were not considered by the lower authorities - matte....... + More


  39. 2018 (2) TMI 1050

    Valuation - non-inclusion of certain considerations received by the appellants, which they claimed to the reimbursement expenses - Held that - Admittedly, the legal position is that reimbursement expenses made on actual basis are not to be included in the gross taxable value. This aspect can be verified with the basic documents, which are available with the appellant and list of such expenses are already submitted before the jurisdictional author....... + More


  40. 2018 (2) TMI 1049

    Liability of service tax - Commercial training and coaching service - full Service Tax liability on the gross value received by the students has been discharged by MAAC - Held that - the appellant do not receive any amount from the service recipient as a consideration. The arrangement is that the gross amount paid by the students is credited to MAAC on which Service Tax has been discharged - It is clear that the appellant acts as an instrument in....... + More


  41. 2018 (2) TMI 1048

    Liability of tax - real estate agent service - Revenue entertained a view that this consideration is received by the appellant acting as a real estate agent - Held that - The Tribunal while examining similar set of facts held that the promoter and manager of such property cannot be taxed as real estate agent for the consideration received to substitute the name of the owner / allottee in their records - reliance placed in the case of RIICO Ltd., ....... + More


  42. 2018 (2) TMI 1047

    Supply of tangible goods service - appellant is claiming these are accommodations created at site. The Revenue is claiming that these are tangible goods supplied by the client - Held that - these bunk houses are in fact created on concrete platform at site with various components and accessories and as such, there is no supply of bunk-house to be called supply of tangible goods in the present arrangement. The bunk-house accommodation is created a....... + More


  43. 2018 (2) TMI 1046

    Real Estate Agent service - service tax was on the charges collected for change of name of the owner of the property in the residential complex originally built and promoted by the appellant - Held that - the ld. AR categorically submitted that nowhere in the appeal papers, it is clearly brought out that the appellant is owners of the residential complex, which was sold to various buyers and they continue to maintain records of the owners of the ....... + More


  44. 2018 (2) TMI 1055

    Maintainability of petition - classification dispute - alternative remedy - Held that - in the instant case, the petitioner/assessee did not place the decision of the Division Bench of this Court, in the case of Commissioner of C. Ex. Tiruchirappalli Vs. Indian Humes Pipes Co. Ltd. 2015 (9) TMI 479 - MADRAS HIGH COURT nor the decision in the case of Lanco Infratch Ltd., Vs. Commissioner of Customs, Central Excise and Service Tax, Hyderabad 2015 (....... + More


  45. 2018 (2) TMI 1002

    Manufacture - repacking / relabeling of the Copper Sulphate purchased from other suppliers - It was alleged in the SCN that the respondent had not taken into account the value of Copper Sulphate purchased from other manufacturers and sold to customers after repacking and relabelling at their sales depot at Chikmaglur - Held that - Revenue has not been able to bring any evidence on record to prove that the respondent has been carrying out labellin....... + More


  46. 2018 (2) TMI 1003

    Condonation of delay of 455 days in filing appeal - delay due to financial difficulty - Held that - the only reason stated in the application seeking condonation of 455 days delay is the financial difficulties but the applicant has not given any proof regarding his financial difficulties - there is a delay of 455 days which is inordinate delay which has not been satisfactorily explained - delay cannot be condoned - appeal dismissed........ + More


  47. 2018 (2) TMI 1001

    CENVAT credit - input/input services for manufacture of taxable as well as exempt goods - non-maintenance of separate records - demand of an amount equivalent to 6% of the value of the exempted goods cleared - Held that - there is no dispute as to the fact the respondent had cleared the sulphuric acid to fertilizer unit which availed the benefit of Notification No. 04/2006-CE as amended. The said Notification specifically provides for availment o....... + More


  48. 2018 (2) TMI 998

    Classification of goods - Rose Syrup - Sarasaparilla Syrup (Nannari syrup) - whether classified under CETH 2001.00 or under CETH 2108.20? - Extended period of limitation - Held that - the products are made out of rose petals and nannari (roots). They are known as Rose Syrup and Sarasaparilla Syrup . Chapter Note 6 to Chapter 21 of the tariff clearly states that syrup containing not less than 10% fruit juice or flavoured with non-fruit flavours su....... + More


  49. 2018 (2) TMI 999

    CENVAT credit - input services - Real Estate Service - Commercial Construction Service - change of opinion - extended period of limitation - Held that - the transactions under dispute are properly recorded in the books of accounts ordinarily maintained in the normal course of business - also, the said transactions were already subjected to previous audit which was done prior to May, 2013. It is evident on the face of record, that it is only after....... + More


  50. 2018 (2) TMI 1000

    Rectification of mistake - Held that - it is evident that the aspect of issue concerning clause (ii) and (iii) of Sl. No.3 of Notification No.23/2003 was very much in dispute and indeed was raised in the show cause notices and confirmed by the adjudicating authority. This being so, we find merit in the submission of ld. AR that it is incorrect to state that there is no dispute on this matter from the department s side - the observation of the Tri....... + More


  51. 2018 (2) TMI 997

    Refund claim - unjust enrichment - whether the refund arising to the appellant on finalization of provisional assessment for the period October, 2009, have been rightly rejected on the ground of unjust enrichment? - Held that - the appellant have collected lesser amount of duty and or/ nothing more than what is stated in their invoices or the excise duty indicated on the invoices - there is no case made out by the Revenue of unjust enrichment. BR....... + More


  52. 2018 (2) TMI 996

    CENVAT credit - input services - Octroi - Commercial & Industrial construction services - Erection, Commissioning and Installation Services - Rent-a-Cab Service - interior Decorator Services - denial on the premises that these services are not used in or in relation to the manufacture of final product as per Rule 2(l) of CCR 2004. BR BR Octroi service - Held that - the said services were in connection with the procurement of inputs, it is to ....... + More


  53. 2018 (2) TMI 994

    Refund claim - P or P Medicaments - case of Revenue is that there is no erroneous payment of duty on the physician samples and hence question of refund of duty does not arise - Held that - Hon ble Supreme Court in CCE, SURAT Vs. SUN PHARMACEUTICALS INDS. LTD.- 2015 (12) TMI 670 - SUPREME COURT, whereby it has been held that in such cases the valuation would be covered by Section 4 (1) (a) of the Central Excise Act, 1944, on the basis of the contr....... + More


  54. 2018 (2) TMI 995

    Valuation - Cement supplied to industrial/institutional consumers - concessional rate of duty - Department took the view that such packages would require the goods to be sold under RSP and hence provisions of section 4A of the Act will apply - Held that - reliance placed in the case of GRASIM INDUSTRIES LTD. (UNIT-I) Versus COMMISSIONER OF C. EX., TRICHY 2008 (10) TMI 462 - CESTAT, CHENNAI , where it was held that no RSP requires to be printed on....... + More


  55. 2018 (2) TMI 992

    CENVAT credit - gardening service - rent-a-cab service - maintenance service - Held that - in various decisions it was held that all these services are eligible for credit - Tribunal in Reliance Industries Ltd v. Commissioner of Central Excise & Service Tax, LTU, Mumbai 2016 (8) TMI 123 - CESTAT MUMBAI has held that in the absence of evidence of personal consumption, availment of credit of tax paid on rent-a-cab service is proper - credit on ....... + More


  56. 2018 (2) TMI 993

    100% EOU - refund of unutilized CENVAT credit - input service - telecom service - maintenance and repair service - Held that - The work undertaken by the two providers are not seen to be construction of actual structure but appear to be in the nature of repair. While addition, alteration, replacement or remodeling of existing structures do find specific mention in section 66E(b) of Finance Act, 1994, repair does not - refund allowed - appeal allo....... + More


  57. 2018 (2) TMI 991

    Principles of Natural Justice - TNVAT Act - CST Act - reversal of input tax credit - impugned orders have been challenged on the ground that the petitioner was not afforded adequate opportunity to submit their objections and that no opportunity of personal hearing was granted - Held that - Considering the fact situation, which has led to the impugned assessment orders and also the fact such a consequence is on account of the petitioner not being ....... + More


  58. 2018 (2) TMI 990

    Reversal of input tax credit - TNVAT Act - Form C - principles of Natural Justice - Held that - there is violation of natural justice and writ Court has not committed any error - Writ Court has set aside the orders impugned therein, on the grounds that there was no proposal for input tax credit. If law permits initiation of fresh action, no liberty need be given - petition dismissed........ + More


  59. 2018 (2) TMI 988

    Principles of Natural Justice - the respondent did not appreciate the scope of documents produced by the petitioner, though they have admitted that the petitioner has produced 62 invoice copies - Held that - this Court is of the view that the assessment should be redone by considering all the documents and by directing the petitioner to produce all the documents, since the endeavor of the respondent should be to ensure that, correct rate of tax i....... + More


  60. 2018 (2) TMI 989

    Release of attached property - whether the Bank has priority over the dues of the Sales Tax Department? - Held that - the issue is no longer res integra and has been decided by a Full Bench of this Court in the case of The Assistant Commissioner (CT) vs. the Indian Overseas Bank and another 2016 (12) TMI 373 - MADRAS HIGH COURT in which the Court held that financial institution, which is a secured creditor would have Priority of Charge over the m....... + More


  61. 2018 (2) TMI 987

    Validity of assessment order - TNVAT Act - it was alleged that substantial part of the mistake lies with the dealers, as they did not respond to the revision notices respectively dated 01.4.2016 and 06.4.2016 - Held that - On a perusal of the income and expenditure accounts filed by the petitioners under the Income Tax Act, 1961 for the relevant assessment years, it is seen that substantial portion of the work has been done by the petitioners for....... + More


 
 
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