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TMI Updates - Newsletter dated: February 2, 2018

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Highlights

  1. Income Tax : Benami Transactions - a person, who has no authority to initiate proceedings under the Benami Act or issue orders of attachment under the Benami Act, does so, the very foundation on which he has done such act collapses and the proceedings have to be held to be wholly without jurisdiction. - HC

  2. Income Tax : Capital gain - The Builder's agreement with respect to share in land and transfer of land under the impression that land itself has been converted into 'stock in trade' is nothing but a colourable transaction and it amounts to fraud. - HC

  3. Income Tax : Penalty u/s 271AAA - sufficient compliance - the language employed in the second exception under Explanation 5 to section 271(1) is, “pays the tax together with interest, if any, in respect of such income” and clause (iii) of sub-section (2) of section 271AAA employs the language “pays the tax, together with interest, if any, in respect of the undisclosed income”. Thus, the language employed in both the sections is similar - No penalty - HC

  4. Income Tax : Allowable busniss expenditure - Merely because there was some difficulty faced by the assessee in commencing the use of the premises it does not follow that the expenses claimed were not for the purpose of the assessee's business. If the expected fruits are not reaped from a business proposition, it will not be a basis to challenge the business expediency. - HC

  5. Income Tax : Grant of approval u/s 10(23C)(vi) - trust runs a college that helps in enhancing the future of students by providing the education and making available the diploma courses in Polytechnic and Engineering which are duly approved by AICTE - approval granted - Tri

  6. Income Tax : Disallowance of marketing & sales promotion expenses u/s 37(1)- Freebies to Doctors - The pharmaceutical company like the assessee is outside the scope of the circulars by the Medical Council of India or the CBDT. - Tri

  7. Income Tax : Registration u/s 10(23C)(vi) eligibility - proof of charitable activities - buses were being utilized for the purpose of carrying students from their homes to school and vise versa and there is no material available with the department to hold that the buses were being utilized for commercial purposes other than for carrying the students. - Tri

  8. Income Tax : Penalty u/s. 271(1)(C) - defective notice - neither the assessee nor anyone else could make out as to whether the notice u/s. 274 r. w. S. 271 of the Act was issued for concealing the particulars of income or for furnishing inaccurate particulars of such income disabling it to meet with the case of the AO - No penalty - Tri

  9. Income Tax : Registration u/s 12A refused - charitable activities - it is militates against the legal principal that the social enterprises cannot be a direct recipient of money from a corporate as it is a profit making company and it is also clear that the composition of the trust is restrictive in nature and to that extent not amenable to the public charity. - Tri

  10. Customs : Refund of SAD - payment of interest on late refund of SAD - Interest would be payable in terms of Section 27A of the Customs Act on refund of SAD - HC

  11. Companies Law : Validity of order passed by NCLT - The Court is at loss to understand as to how the findings recorded in the arbitration proceedings pending between the respondents inter se could be made binding to the petitioners who are the strangers to the arbitration agreement and the proceedings. - HC

  12. Indian Laws : Budget 2018-19, budget speech, news, updates with Notifications and Finance Bill 2018 - Clause by Clause


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 53

    Gross receipts for the purpose of determination of income u/s 44BB - Receipts on account of reimbursements of expenses incurred on supply of materials inclusion - Held that - It was not in dispute that the amount had been received by the assessee. Therefore the AO added the said amount which was received by the nonresident company rendering services under the provisions of section 44 BB to the ONGC and imposed the income tax thereon. He was justi....... + More


  2. 2018 (2) TMI 54

    Grant of approval u/s 10(23C)(vi) - Held that - It is pertinent to note that the main objects of the trust are to encourage backward and discarded people towards education and social development works, helping children by providing education and livelihood to them etc. The same was at no point amended by the assessee. Also the trust runs a college that helps in enhancing the future of students by providing the education and making available the d....... + More


  3. 2018 (2) TMI 52

    Disallowance of marketing & sales promotion expenses u/s 37(1)- Freebies to Doctors - Held that - the circular issued by the CBDT enlarging the scope of disallowance to the pharmaceutical companies is without any enabling notification or circular of the Medical Council of India. Considering the settled legal position on the issue, we are of the opinion that the issue now stands covered in favour of the assessee. The pharmaceutical company lik....... + More


  4. 2018 (2) TMI 59

    Capital gain computation - Determination of value of land - possession over land in dispute - transfer of land - Held that - What has been done in the case in hand is that ignoring the fact that Assessee did not have any title over land but possessed only lease rights, and land was owned by State Government, Revenue Authorities have proceeded to consider valuation assuming that Assessee had a right/title over land which is convertible into the ma....... + More


  5. 2018 (2) TMI 58

    Income from sale of shares - treatment of Long Term Capital Gains or busniss income - Held that - Tribunal is justified in confirming treatment of Long Term Capital Gains and Short Term Capital Gains as income from business BR BR Appeal is admitted on the substantial question of law at (b) - Whether in the facts and circumstances of the case and in law, the Tribunal was justified in holding that once an assessee trades in shares then, ipso facto ....... + More


  6. 2018 (2) TMI 57

    Penalty u/s 271AAA - sufficient compliance with the provision if tax is shown to have been paid before the assessment was completed - Held that - A conjoint reading of the provisions of clause (iii) of subsection (2) of section 271AAA of the Act and Explanation 5 to section 271(1) of the Act shows that the language employed in the second exception under Explanation 5 to section 271(1) is, pays the tax together with interest, if any, in respect of....... + More


  7. 2018 (2) TMI 56

    Allowable busniss expenditure - payment for lease rental made by cheque after deducting the due TDS - genuineness & business expediency of any expenditure - Held that - Question No.1 is framed incorrectly. The question has been worded to suggest that the authorities held that if the payment of lease rent has been made by cheque and TDS has been deducted, the genuineness of the same and the business expediency stands established. Indeed mere p....... + More


  8. 2018 (2) TMI 55

    Addition on account of remission of Principal amount of loan - whether remission of Principal amount of loan obtained from financial institution and banks constitutes a benefit or perquisite arising from business and would fall within the ambit of section 28(iv)? - Held that - Even otherwise the loan which was taken was capital investment and always treated in the capital account as liability and if it is so, it will naturally go as wiping out th....... + More


  9. 2018 (2) TMI 51

    Reopening of assessment - payment of on money was made by the assessee for purchase of flats - Held that - The reassessment proceedings initiated by the A.O beyond a period of four years from the end of the assessment year, without making a mention in the reasons to believe that the income of the assessee chargeable to tax had escaped assessment because of failure on the part of the assessee to disclose fully and truly all material facts necessar....... + More


  10. 2018 (2) TMI 50

    Allowable busniss expenditure - expenses relatable to increase in Share Capital - revenue v/s capital expenditure - Held that - We find that it is noted by CIT (A) in Para no. 4.1 of his order that the assessee company had sought private equity investment from different investors and the prospective investors had conducted various audits and due diligence study to ensure the viability of such investment. It is also noted by CIT(A) that M/s. Napea....... + More


  11. 2018 (2) TMI 48

    Validity of the reassessment - capital gain computation u/s 45 arising from the transfer of capital asset - Held that - CIT(A) while deciding the appeal of the assessee directed the AO to assess the long term capital gain of ₹ 61,53,470/- in the assessment year 2008-09 where part of it already stood assessed at ₹ 22,50,190/-. Against this finding of CIT(A), the Revenue has not preferred any appeal. Therefore, it can be safely inferred....... + More


  12. 2018 (2) TMI 49

    Registration u/s 10(23C)(vi) eligibility - proof of charitable activities - Held that - From the examination of the objects it is apparent that the assessee s main objects are to provide education to children and which as per the provisions of section 2(15) are charitable in nature therefore this finding of Ld. CIT(E) is not correct. As far as the objection of CIT(E) regarding earning of income from buses and from sale of books and dresses, we fi....... + More


  13. 2018 (2) TMI 47

    Revision u/s 263 - diallowance of interest claimed by the assessee for paying earnest money - interest free funds sufficient to meet investments - Held that - In reply to show cause notice the assessee had explained the facts that there were sufficient interest free funds but Ld. CIT held that no evidence was filed whereas the fact remains that assessment record was with him and copies of balances sheet were part of the assessment record. The Ld........ + More


  14. 2018 (2) TMI 46

    Addition U/s 69-C - differences in purchase has not been proved by the assessee due to input VAT, as claimed by the assessee - Held that - In the remand report of AO it is clearly mentioned that assessee has explained the difference with reconciliation statement on production of different ledgers, VAT Returns etc. therefore, there is no question of treating the amount as unexplained expenditure . We note that CIT(A) did not considered the remand ....... + More


  15. 2018 (2) TMI 45

    Penalty u/s. 271(1)(C) - claim as made by the assessee of reduction of its book profit as per clause (vii) of Explanation-1 below section 115JB(2) shows that it has filed inaccurate particulars of its income - defective notice - Held that - The intent and purpose of this notice is to inform the assessee as to the specific charge for which he has been show caused so that he could furnish his reply without any confusion and to the point. In the pre....... + More


  16. 2018 (2) TMI 44

    Disallowance u/s 14A - interest free funds sufficient to meet the investment - Held that - Wherein interest free funds are much more than the impugned investment and therefore, no disallowance of interest expenditure is called for u/s 14A of the Act. See CIT Versus Reliance Utilities & Power Ltd. 2009 (1) TMI 4 - BOMBAY HIGH COURT - Decided in favour of assessee BR BR Denying the claim of bad debt - Held that - From perusal of the records inc....... + More


  17. 2018 (2) TMI 43

    Non granting of approval for registration u/s 12AA - proof of charitable activities - Held that - We observe that CIT rejected the application u/s 12AA on the premise of his observation that the society is running for profit motive and not providing charitable services. The society is registered by the M.P. State Government under the gazette notification placed and the society is an university running under the approval of the M.P. State Governme....... + More


  18. 2018 (2) TMI 42

    Registration u/s 12A refused - proof of charitable activities - relinquished of function as the primary implementation of the agencies - Held that - In the instant case, there is clause No.(v) in the trust deed which specifying that any donation received shall be spent/applied by the trust as per the objects of the trust, donation trust corpus of the trust shall be applied in accordance with specific directions from the donor. BR BR Further in cl....... + More


  19. 2018 (2) TMI 41

    Denying the registration u/s 12AA - absence of dissolution clause as well as beneficiary clause in the MOU of the society - Held that - Dissolution clause has only been incorporated on 9th April, 2017 which is much beyond the date of the impugned order, however, it reflects that beneficiary clause has not been incorporated so far. BR BR CIT(E) has rightly passed the order under challenge for denying the registration u/s 12AA of the Act in the abs....... + More


  20. 2018 (2) TMI 40

    Computation of deduction u/s 10A - exclude the reimbursement of communication expenses both from the export turnover as well as from total turnover - Held that - The issue of expenditure incurred towards communication charges in foreign currency is reduced from export turnover an equal amount should also be reduced from total turnover while computing the deduction under section 10A of the Act, is covered in favour of the assessee by the decision ....... + More


  21. 2018 (2) TMI 39

    Rectification of mistake - migration to GST - defect in issuance of ID/password inasmuch as instead of containing the PAN number of the partnership firm, it depicts the PAN number of one of its partner - Held that - a week s time sought for getting instructions and to ensure that the mistake, if any, is rectified and a fresh ID/password with the correct PAN number is issued to the petitioner so that there may not be difficulty in the migration of....... + More


  22. 2018 (2) TMI 32

    Confiscation of goods - Gold is being melted in one Furnace - smuggling - Held that - In the present case, there is no material available that the goods are imported - the goods were seized at a melting shop at Kolkata, it is a registered melting shop and there is no material available that the goods are of foreign origin and therefore the confiscation of the goods is not justified - appeal dismissed - decided against Revenue........ + More


  23. 2018 (2) TMI 31

    Valuation - mis-declaration of value - enhancement of invoice price - penalty - Held that - Indenting agents have no knowledge of the trade transaction; their role is merely to bring buyer and seller together in the highseas sale for a commission. In the instant case, evidence was collected by the department that some amount over and above the invoice value was paid. Payment was made through account payee cheque. The statement given by Shri Niraj....... + More


  24. 2018 (2) TMI 36

    Entitlement of interest - relevant date for calculation of interest - Refund claim rejected on the ground of unjust enrichment - Section 27 and 27(A) of the Customs Act, 1962 - Held that - issue is covered by the decision in the case of Ranbaxy Laboratories Ltd. Versus Union Of India and Ors. 2011 (10) TMI 16 - Supreme Court of India , where it was held that liability of the revenue to pay interest under Section 11BB of the Act commences from the....... + More


  25. 2018 (2) TMI 35

    Refund of SAD - payment of interest on late refund of SAD in terms of Section 27A of the Customs Act - contention of the respondents is that Section 27A is not applicable to refunds of SAD as Notification No.102/2007-Cus. dated 14th September, 2007, has been issued under sub-section (1) to Section 25 of the Customs Act and not under Section 27A of the Customs Act. BR BR Held that - N/N. 102/2007-Cus. has been issued in exercise of power conferred....... + More


  26. 2018 (2) TMI 34

    Benefit of N/N. 11/97 - Customs authorities were of the view that 2900 MTs declared as heavy melting scrap (HMS) were re-usable for other purposes without reclaiming the metal and therefore, the benefit of Customs N/N. 11/97 applicable to HMS, was not available to the case - Held that - Though Mr.Pramod Kumar Chopda, learned counsel for the appellant, made submissions, in support of the substantial questions of law, finding of fact, confirmed by ....... + More


  27. 2018 (2) TMI 33

    Suspension of CHA License - Jurisdiction to pass order of suspension - the Commissioner of Customs and Central Excise, Coimbatore, suspended the operation of their CHA Licence No.08/2004, within Coimbatore Customs Formations, for a period of 6 months, with effect from 13.10.2006, vide order, dated 07.11.2006 - principles of Natural Justice - Held that - CESTAT, Chennai, has stated that there is no intimation in Form-C, from the Commissioner of Cu....... + More


  28. 2018 (2) TMI 30

    100% EOU - Penalty u/s 112 (a) - The case against the EOU is that they have not undertaken any manufacture as mandated in the permission nor they have followed the procedure for getting the goods manufactured from the job workers - Held that - The role of the appellant for the violation of various provisions of Customs Act, 1962 connected to duty-free import of items for the EOU cannot be contested with any force. The original authority examined ....... + More


  29. 2018 (2) TMI 29

    Delay in filing appeal - time limitation - defect in service of notice - Held that - Though it is argued by the ld. AR that the copy of the order was dispatched by speed post on 19.01.2015, undisputedly the said order dispatched was not served upon the appellant. The same has been returned as undelivered as seen from the documents produced by the appellant - the appeal is filed within time - the impugned order requires to be set aside and the mat....... + More


  30. 2018 (2) TMI 28

    Valuation - freight - includibility - Held that - There is broad agreement on the aspect of quantum of freight cost that will require to be added. It is a fact that as per the Customs Valuation Rules as in force during the material period, even when the cost of transportation of imported goods was ascertainable, for the purpose of adding freight element to form part of the assessable value only 20% of the FOB value would be adopted in respect of ....... + More


  31. 2018 (2) TMI 27

    Dissolution of firm - Held that - When the relevant provisions of Section 497 of the Act appear to have been complied with and when the affairs of the company are stated not to have been conducted in a manner prejudicial to the company, its members, as also to the public interest, the company could be ordered to be dissolved in terms of Section 497 of the Act. However, while ordering dissolution of the company under Section 497 of the Act, the Vo....... + More


  32. 2018 (2) TMI 26

    Challenging the impugned order passed by the NCLT in arbitration proceedings - Held that - Though the statutory remedy of filing appeal under Section 421 of the Companies Act is available to the petitioners for challenging the impugned order passed by the NCLT, the said remedy would not be effective or efficacious alternative remedy in the facts and circumstances of the case. As stated herein above the NCLT vide the impugned order has refused to ....... + More


  33. 2018 (2) TMI 25

    Stay of further proceedings at the stage of Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - failure to make payment of dues - SARFAESI Act - Held that - The discretionary jurisdiction under Article 226 is not absolute but has to be exercised judiciously in the given facts of a case and in accordance with law. The normal rule is that a writ petition under Article 226 of th....... + More


  34. 2018 (2) TMI 38

    Corporate Insolvency Resolution Process - whether petition is premature - Held that - A perusal of letter dated 13.06.2017 issued by Reserve Bank of India have given period to resolve within six months. The resolution plan proposed at the meeting of the Joint Lender Forum stand rejected on 15.11.2017 and the present petition has been filed on 20.11.2017. In any case the period of six months as on today has expired. There is no approved proposal b....... + More


  35. 2018 (2) TMI 37

    Corporate insolvency process - no direct notice was issued by the Adjudicating Authority to the Corporate Debtor - Held that - In view of the fact that no notice was issued by the Adjudicating Authority as required to be issued in view of the decision of this Appellate Tribunal in M/s. Innoventive Industries Ltd. Vs. ICICI Bank & Anr. ─ Company Appeal (AT) (Insolvency) 2017 (6) TMI 959 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, MUMBAI ,....... + More


  36. 2018 (2) TMI 24

    Principles of Natural Justice - condonation of delay in filing appeal - delay in filing appeal due to sickness of petitioner - Held that - it appears that there is a mistake, which had occurred even at the stage of issuance of the SCN. However, had the petitioner been vigilant, he could have placed necessary material to show that he is not liable to pay the service tax as demanded by the first respondent. Nevertheless, due his ailment and since h....... + More


  37. 2018 (2) TMI 23

    Extended period of limitation - Penalty for non-compliance with the provisions of FA, 1994 - whether the Appellate Tribunal fell into error in holding that invocation of the extended period under proviso to Section 73(1) of the Act in respect of two services, i.e. management, maintenance and repair services and mandap keeper services is justified in the facts and circumstances of the case? BR BR Held that - it is evident that failure to pay tax i....... + More


  38. 2018 (2) TMI 22

    Liability of service tax - expenses incurred by the appellants which is claimed as reimbursable expenditure from their principal during the course of providing C&F Agents Service - Held that - actual reimbursable expenditure incurred by the C&F Agents on behalf of the principal under a contractual arrangement is not to be included in the taxable value at the hands of C&F Agents. The condition for such exclusion is that the expenditure should be o....... + More


  39. 2018 (2) TMI 21

    Abatement - Commercial or Industrial Construction Service - Works Contract Service - N/N. 1/2006-ST - Held that - It is not in dispute that the services were rendered prior to 01.06.2007. The show-cause notices pertaining to later periods have been issued, only because the receipts for the said services already completed by the appellants, were received after 01.06.2007 and the appellants reflected the receipts of the payments in their ST-3 retur....... + More


  40. 2018 (2) TMI 20

    Levy of service tax - Consulting Engineering Services - sub-contract - Held that - the Trade Notice / CBEC circular did clarify that the services when provided to a prime consultant would not attract service tax during the material time - identical situation was analyzed by the Tribunal in the case of OIKOS Versus COMMISSIONER OF C. EX., BANGALORE-III 2006 (10) TMI 379 - CESTAT BANGALORE wherein it was unequivocally held that appellant therein be....... + More


  41. 2018 (2) TMI 19

    CENVAT credit - allegation of the department is that M/s. BVIHR indulged in evasion of service tax by not paying the service tax to the department but issuing fake invoices to their customers - Held that - there is no iota of evidence to show that the respondent is involved in any fraudulent availment of credit. In fact, the respondent had availed credit on the invoices distributed by their Head Office, M/s.Bata, Gurgaon - without seizure there c....... + More


  42. 2018 (2) TMI 18

    Intellectual Property Service - The department was of the view that since the Intellectual Property Service came within the tax net with effect from 10.09.2004, the respondents were liable to pay service tax as a service recipient of the foreign company under the reverse charge mechanism - Held that - an identical issue was considered by the Tribunal in the case of Commissioner of Service Tax, Delhi-III Vs Denso Haryana Pvt. Ltd 2015 (11) TMI 235....... + More


  43. 2018 (2) TMI 17

    Liability to tax - whether maintenance or repair services and management consultancy service in respect of software development is liable to service tax or not during the period 09/07/2004 to 31/03/2006? - Held that - before 01/06/2007, in the definition of maintenance and repairs, the goods did not include the software. Accordingly, the maintenance and repair of software was not considered as taxable before 01/06/2007 - as per the law prevailing....... + More


  44. 2018 (2) TMI 10

    CENVAT credit - shortage of the goods detected during the transition period of the long standing practice in the month of November 2007 - processing loss - clandestine removal - Held that - In the case of Tata Motors Limited Vs. Commissioner of Central Excise, Jamshedpur 2010 (10) TMI 458 - CESTAT, KOLKATA , the Tribunal allowed the Cenvat Credit on the quantity found short on account of processing loss at the hand of job workers - There is no al....... + More


  45. 2018 (2) TMI 11

    SSI exemption - clubbing of clearances - dummy units - Held that - In the present case, the factory premises is found to be common where goods have been manufactured and cleared under the invoices of M/s Electro Industrial Sales Corporation, as well as M/s Numinous Supplies Pvt. Ltd. separately. Even though both the firms have been shown to have separate existence, since the goods have been manufactured from single common factory premises, the va....... + More


  46. 2018 (2) TMI 7

    CENVAT credit - duty paying invoices - Invoices issued by Aurangabad Unit to their sister Units namely Sultanganj and Manikchak Units - Held that - Proviso to Sub Rule (2) of Rule 9 had given an option to allow the credit even after the said documents does not contain all the particulars but contains the details of duty or Service Tax payable, description of goods or taxable service or Service Tax Registration of the person issuing the Invoice, n....... + More


  47. 2018 (2) TMI 8

    Validity of SCN - Time limitation - Held that - the SCN was issued by the department on 19.8.2011. It is an admitted fact on record that the show cause notice has not been issued in this case within the normal period of one year provided under Section 11A of the CEA, 1944. Since, between the period of conducting such audit in August, 2008 and issuance of the show cause notice in August, 2011, the department has not gathered any additional informa....... + More


  48. 2018 (2) TMI 9

    Valuation - includibility - The department is of the view that the amount of the subsidy received from the M.P. Government is includible in the assessable value of the goods cleared during the period of dispute - Held that - the identical issue has come up before the Tribunal in Shree Cement Ltd. vs. CCE, Alwar 2018 (1) TMI 915 - CESTAT NEW DELHI , where it was held that There is no justification for inclusion in the assessable value, the VAT amo....... + More


  49. 2018 (2) TMI 12

    Valuation - Demand of duty with penalty - Period of limitation - sale of motor vehicles from depots / sales offices - case of Revenue is that the assessee had failed to intimate the difference in the above values and make payment of the excise duty on the differential amount on its own. The Revenue s statement throughout has been that this short payment and evasion was noticed during the audit conducted in January, 2001. This suppression was made....... + More


  50. 2018 (2) TMI 6

    CENVAT credit - capital goods/inputs - Diesel Locomotive used for conveyance of the raw materials and finished goods within the factory premises - Held that - the appellants have availed the CENVAT Credit on diesel locomotive, which is admittedly used for handling of raw material/finished goods in the factory of the appellant - there is no dispute that the said goods is used in or in relation to the manufacture of the final product. Therefore, it....... + More


  51. 2018 (2) TMI 4

    CENVAT credit - Capital Goods - MS angles, channels, plates, non-metallic pipes etc. - appellants claim that they are eligible for such credit as these are used in relation to fabrication of capital goods inside the factory - Held that - Similar facts were examined by the Hon ble High Court of Madras in the case of Thiru Arooran Sugars Ltd. 2017 (7) TMI 524 - MADRAS HIGH COURT . The User Test was evolved by the Hon ble Supreme Court to determine ....... + More


  52. 2018 (2) TMI 5

    CENVAT credit - input services - transit insurance - marine insurance - C&F agency services - subscription to associations - dinner expenses - Held that - Regarding transit insurance and C&F Agency service, with reference to export goods, it is noted that these activities are prior to the shipment of cargo in the port in India. It is by now settled legal position that place of removal in case of export is port of shipment and as such expenses inc....... + More


  53. 2018 (2) TMI 3

    Classification of goods - Ground Power Unit - whether classified under Chapter 85 or Chapter 88? - Held that - the appellant had taken a categorical stand before the Commissioner (Appeals) that they have not availed the Cenvat credit of duty paid on the inputs which stand utilized by them in the manufacture of ground power units - The appellate authority has observed that they have not produced any tangible evidence/documentary proof to substanti....... + More


  54. 2018 (2) TMI 2

    CENVAT credit - Reverse Charge Mechanism - service tax paid on the Product Insurance Services availed by him from a foreign country - denial on the ground of nexus - Held that - Reference can be made to Tribunal s decision in the case of M/s. Neo Foods Pvt Ltd. Vs Commissioner of Central Excise, Service Tax and Customs, Bangalore-II 2017 (1) TMI 151 - CESTAT BANGALORE , wherein, Product Liability Insurance were held to be covered by the definitio....... + More


  55. 2018 (2) TMI 1

    CENVAT credit - steel articles - M.S. Channels - MS. Angles - CHN Channels etc. - it was alleged that the said goods have been used in the construction of plant and machinery and as such, cannot be considered to be eligible cenvatable articles - Held that - The issue stands decided in the assessee s own case by the Hon ble Madras High Court in the case of Commissioner of Central Excise and Service Tax Vs M/s. India Cements Ltd., 2014 (7) TMI 881 ....... + More


 
 
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