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TMI Updates - Newsletter dated: February 23, 2018

Highlights

  1. Income Tax : Penalty u/s 271(1)(c) - voluntary surrender of income by assessee - The mere offer therefore, of the amount during the search in the absence of any explanation for the source of income, renders the assessee’s argument insubstantial in the totality of circumstances. - HC

  2. Income Tax : Reopening of assessment - allowability of interest income u/s 80IA - Once the Assessing Officer rejected the claim of deduction under Section 80IA [4] in its entirety, there was thereafter no occasion and any need for him to dissect such claim for rejection on some additional ground. - HC

  3. Income Tax : Receipt of amount without consideration - income from other sources u/s 56(2)(vi) - Amount received from employer’s various employee’s welfare trusts - when the income of all the aforesaid 12 discretionary trusts have been charged to tax, the same income cannot be taxed twice when fell into the hands of the assessee - Tri

  4. Income Tax : Registration u/s 12AA - proof of charitable activities - scope of primary objects - In case the assets are being parted with either individual entity or institution, who are not having charitable objects or registration u/s 12A, then under the scheme of the Act it will first suffer tax, only thereafter, it will vest in such individual or entity. This is not a valid reason for rejecting registration - Tri

  5. Income Tax : TDS u/s 194H - advertisement agencies - what is liable for TDS is commission of brokerage and not the incentives given on the basis of principal to principal relations - HC

  6. Income Tax : Validity of reopening assessment - unexplained investment - survey u/s 133A - the vague statements giving estimated details without supporting evidence would not help the case of the assessee - Tri

  7. Income Tax : The amount received by the assessee as full and final settlement on dissolution of firm could not give rise to any capital gain chargeable to tax as there was no transfer of any capital asset - Tri

  8. Income Tax : AO made the addition of commission expense paid to AEMS without confronting from assessee that no reply was received by him in response to the notice issued u/s 133(6) of the Act to AEMS - no addition can be made - Tri

  9. Customs : Seeks to impose anti-dumping duty on Ceramic Tableware and Kitchenware, excluding knives and toilet items, originating in or exported from China PR - Notification

  10. Companies Law : An independent director re-appointed for second term shall be removed by the company only by passing a special resolution and after giving him a reasonable opportunity of being heard

  11. Service Tax : Supply of DG sets on hire basis - this is the case of supply of tangible goods for use, with legal right of possession and effective control vesting with the hirer, required to be treated as "deemed sale of goods", hence cannot be considered as "supply of tangible goods for use of service" - Tri

  12. Service Tax : Cleaning Services - Indian Railways - the original authority held cleaning of such railway coaches will be considered as cleaning of commercial premises - the interpretation of the original authority is far fetched and not sustainable in view of the plain meaning of the statutory definition for tax entry. - Tri

  13. Service Tax : Non-payment of service tax - difference between the statutory returns and the annual balance sheet - The burden of explaining the difference amount being not taxable income has been shifted to the appellant. This will be against the very basis of tax levy - Tri

  14. Service Tax : Liability of service tax - expenditure incurred in setting up of certain branch offices in foreign countries - the legal fiction of considering a branch of an assessee as a separate establishment is not to tax a service rendered to its head office. Further, here there is no such service also has been identified with supporting evidence - the tax liability under BAS cannot be sustained. - Tri

  15. Central Excise : Classification of goods - Aswini Homeo Arnica Hair Oil (AHAHO) - The goods are classifiable under chapter 30 of the Central Excise Tariff as Homeopathic medicine and liable to duty accordingly. - Tri

  16. Central Excise : Waste - N/N. 89/95-CE - manufacture of refined vegetable oil - the gums, waxes and fatty acid distillate are emerging due to removal/refining process of crude rice bran oil - benefit of exemption allowed - Tri

  17. Central Excise : Transfer of CENVAT credit - transfer of credit from Service Tax credit Register to CENVAT Credit Register, was properly done under intimation to Revenue and as such the demand for this is hit by limitation. - Tri

  18. Central Excise : Area based exemption - if the unit is one and the same as contended by the Revenue, the products which are otherwise eligible for exemption under the said notification are to be cleared without payment of duty. It is not tenable to hold that some products can avail area based exemption and others need not avail area based exemption. - Tri

  19. VAT and Sales Tax : The scheme of the Act would not permit the Tribunal to jettison the first appeal before the Commissioner and allow itself to act as first Appellate Authority. If the second appeal lies before the Tribunal and the Tribunal were to disregard the first appellate forum and convert itself into first Appellate Authority, the same would be froth with two difficulties. - HC


Articles


Notifications


News - Feeds


Case Laws:

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


  1. 2018 (2) TMI 1371

    Non granting registration under section 12AA - proof of charitable activities - scope of primary objects - unsecured loans taken - way in which education is imparted - complete intermingling of funds - Board of Governance as well as Board of Management is entirely controlled by Sponsoring Body namely Bhandari Charitable Trust - Held that - President shall be appointed by the sponsoring body in consultation with State Government for a period of th....... + More


  2. 2018 (2) TMI 1368

    Addition on share of goodwill received by the assessee on his retirement from the partnership firm - Held that - There was no transfer of any asset or goodwill by the assessee on his retirement to the partnership firm. The amount received by the assessee as full and final settlement on dissolution of firm could not give rise to any capital gain chargeable to tax as there was no transfer of any capital asset. See case of Ajay Kumar Doshi 2015 (12)....... + More


  3. 2018 (2) TMI 1369

    Penalty levied u/s.271(1)(c) - unexplained investment from undisclosed sources - Held that - We find ourselves in agreement plea raised on behalf of the assessee that sufficient ambiguity exist in the interpretation of cancellation agreement from Kuoni Travels India Pvt. Ltd. Therefore, benefit of doubt should be given to the assessee and discretion for non imposing the penalty should be exercised in favour of the assessee. Similarly as regard pe....... + More


  4. 2018 (2) TMI 1370

    Receipt of amount without consideration - income from other sources u/s 56(2)(vi) - Amount received from employer s various employee s welfare trusts - Held that - We are of the considered view that ld. CIT (A) has thrashed the controversy at hand at length by considering the aforesaid CBDT circular no.157 (F.No.228/8/73-IT (A-II) dated 26.12.1974 and judgment rendered by Hon ble Supreme Court in ITO vs. Atchaiah (1995 (12) TMI 1 - SUPREME Court)....... + More


  5. 2018 (2) TMI 1375

    Benefit of Section 80-G (5) (vi) - activities carried out would qualify as charitable activities - Held that - The record/paper book reflects that the amounts, which were expended by the assessee towards all the activities were less than ₹ 10,00,000/- and, therefore, the activities would clearly be included to be covered under the provisions of Section 2 (15) of the Act and in view of that the benefit of Section 80-G (5) (vi) would also enu....... + More


  6. 2018 (2) TMI 1364

    Disallowance of interest paid to the close relatives - reason to distinguish the rate of interest between close relative and third party - on loan borrowed from third parties the assessee paid interest at the rate of 12% but only to the close relatives, the assessee has paid interest at the rate of 18% - Held that - There was no reason for paying higher rate of interest to the close relatives. The contention of the assessee is that the interest c....... + More


  7. 2018 (2) TMI 1365

    Validity of reopening assessment - unexplained investment - survey u/s 133A - no books of accounts were found at the business premises of the assesses - Held that - It is not a matter of case of dispute about the quantum of investment or the source of investment but the assessee has neither maintain the books of accounts or accounts of the construction of the shopping complex nor has filed the return of income for the assessment year under consid....... + More


  8. 2018 (2) TMI 1366

    Denying registration to the assessee trust u/s. 12AA - order passed without observing the due process of law - Held that - As the law itself clearly provides that any order refusing registration, as the impugned order, could only follow a reasonable opportunity of hearing (to the applicant trust or institution). BR BR This hearing, firstly, is to be before the competent authority, and cannot be delegated, even as clarified by the Hon ble jurisdic....... + More


  9. 2018 (2) TMI 1367

    Addition u/s 41(1)- AO found that it was a trading liability and subsequently, the assessee changed his stand claiming it was a gift - Held that - Assessing Officer has not examined all the documentary evidences filed by the assessee. In view of this factual aspect, this Tribunal is of the considered opinion that the matter needs to be re-examined by the Assessing Officer. BR BR Disallowance u/s 14A - Held that - The assessee claims that the inve....... + More


  10. 2018 (2) TMI 1373

    TDS u/s 194H - non-deduction of tax by invoking provisions of section 40(a)(ia) - Held that - The advertisement are to be procured by such agencies at the rates and terms decided between them and advertiser, assessee has no involvement therein. In the case of Kerala State Stamp Vendors Association vs. Office of the Accountant General 2005 (6) TMI 21 - KERALA High Court the Hon ble Kerala High Court held that what is liable for TDS is commission o....... + More


  11. 2018 (2) TMI 1374

    Disallowance u/s 40(a)(ia) - non deduction of tax at source on interest paid to financial institutions even when the appellant has paid the entire amount and no amount remains payable at the end of the year - Held that - Taking into consideration, the decision rendered by the Delhi High Court in CIT vs. Ansal Land Mark Township Pvt. Ltd. (2015 (9) TMI 79 - DELHI HIGH COURT) the second proviso to Section 40 (a) (ia) of the Act is declaratory and c....... + More


  12. 2018 (2) TMI 1363

    Scope of assessment u/s 153A - addition on material gathered during the search - Held that - We reiterate that if the Income Tax Department had any material information in its possession received from any external source and in wake of such an information search u/s 132 has been carried out and nothing incriminating has been found having live-link nexus with the said information already in hand, then the Revenue has other courses open to implicat....... + More


  13. 2018 (2) TMI 1356

    Revision u/s 263 - taxabilty of sum received by the assessee for services rendered outside India - AO accepted without any verification, the claim of the assessee that payment received was not taxable in India - P.E. in India - Held that - along with the computation of total income, as annexure to the computation/statement of income the assessee has given the details of nature of payment, invoice no., invoice date, gross fees and tax both in US a....... + More


  14. 2018 (2) TMI 1357

    Unexplained cash credits u/s 68 - genuineness of gift receipt - Held that - The documentary evidence placed on record by the assessee in his attempt to substantiate the genuineness of the gift transaction under consideration does not inspire any confidence - the assessee had not only failed to discharge the onus as stood cast upon him, but rather, a perusal of the facts clearly reveals that the explanation tendered by him was clearly a result of ....... + More


  15. 2018 (2) TMI 1358

    Withdrawing/cancelling a registration u/s. 12AA(3) - proof of charitable activities - activities of assessee are not genuine - bogus donation receipts - Held that - Identical facts & circumstances this Tribunal has decided the identical issue in favour of the assessee in the case of Vishwaroopa Charity Trust Vs. CIT (Exemption) 2017 (10) TMI 418 - ITAT KOLKATA as held that there is no evidence brought on record to show any connection between ....... + More


  16. 2018 (2) TMI 1359

    Allowance of unsubstantiated amount of commission - addition on account of non-confirmation from the parties - Held that - All the necessary details were filed by assessee in the course of assessment proceedings as well as remand proceedings but no defect of whatsoever has been pointed out by AO. It was also pertinent to note that PAN of AEMS was available before AO but no verification was done with the AO having jurisdiction over AEMS - at the t....... + More


  17. 2018 (2) TMI 1360

    Maintainability of appeal - payment of admitted tax - whether admitted tax includes interest? - Held that - The explanation of assessed tax as per the provisions of Section 140(1B) does not include the component of interest at all. The Provisions of Sub-section 1B also specifically says that interest payable u/s. 234B shall be computed on an amount equal to the assessed tax or as the case may be on the amount by which the advance tax paid falls s....... + More


  18. 2018 (2) TMI 1361

    Penalty u/s 271(1)(c) - undisclosed income not declared in the original return - specification of charge against assessee - defective notice - Held that - The show cause notice issued in the present case u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income. The show cause notice u/s 274 of the Act does not strike out the inapprop....... + More


  19. 2018 (2) TMI 1362

    Estimation of income - profit @ 8% as done by CIT-A OR made by the Ld. AO at 40% - Held that - Assessee has stated that the contract activity was carried out for the first time during the year under appeal and hence, no past history of the same was available with the Income Tax Department. In these circumstances, the only recourse available to the revenue is to take shelter from the provision of Section 44AD of the Act which enables the revenue t....... + More


  20. 2018 (2) TMI 1372

    Assessment u/s 158BD r.w.s. 158 BC(c) - availment of appeal remedy before ITAT - Held that - Complicated factual issues are to be first thrashed out before one goes into the aspect as to which of the legal principles as put forth would apply. BR BR Record of proceedings shows that there has been an order of interim stay granted by this Court in this writ petition, when the writ petition was entertained on 26.11.2002 and till date, interim order i....... + More


  21. 2018 (2) TMI 1426

    Scope of SCN - it is alleged that there is no whisper in the SCN either for invoking Section 14 of the Customs Act, 1962 or the Customs Valuation Rules, 2007. There was no proposal for rejection of the value declared - Held that - It is correct that the SCN does not propose for redetermination of the value of the goods or reject the value declared by the exporter/appellant. So also there is no proposal for invoking section 14 of Customs Act or th....... + More


  22. 2018 (2) TMI 1425

    Penalty u/s 114 AA of the Customs Act, 1962 - The Revenue contended that the whole modus operandi adopted by the importer was to avail the benefit of Section 74 even after a lapse of two years from the date of import - Held that - it is clear that the appellant is in a responsible position and coordinated the imports and other operations as deposed by the customs house agent. In fact, the appellant appeared before the authorities and gave various....... + More


  23. 2018 (2) TMI 1424

    Violation of import condition - The department entertained the view that respondent having not fulfilled the export obligation and having diverted the duty free imports into the domestic market are not eligible for exemption under Customs N/N. 204/92 and 80/95 and was liable to pay duty - Held that - the Tribunal had given specific direction to the adjudicating authority to take cognisance of the EODC issued by JDGFT and to consider the matter on....... + More


  24. 2018 (2) TMI 1427

    Stay of the reimbursement of the amount that would be due pursuant to the impugned order - the decision in the case of M/s. Wipro GE Healthcare Private Limited Versus Union of India, Development Commissioner Cochin Special Economic Zone (CSEZ) , The Director, Software Technology Parks of India, Department of Electronics and Information Technology, Director General of Foreign Trade, Deputy Director General of Foreign Trade 2017 (8) TMI 432 - KARNA....... + More


  25. 2018 (2) TMI 1423

    Rectification of mistake - case of appellant is that the ground was taken up in appeal but the Tribunal has not given any findings on the subject - Held that - At the time of passing the Final Order, the Tribunal had occasion to hear all connected parties and considered the entire record of the case. After such careful consideration the Tribunal has upheld the penalties imposed on M/s MAX Shipping & Forwarding Pvt. Ltd. as well as the Operati....... + More


  26. 2018 (2) TMI 1422

    N/N. 53/2016-Customs (ADD) dated 25/11/2016 - ADD on low ash metallurgical coke originating in or exported from PR China and Australia - Held that - It appears that the said notification has already been assailed by the other parties in the case, M/s Kalyani Steels Limited and M/s Association of India Mini Blast Furnaces, 2017 (4) TMI 545 - CESTAT NEW DELHI on identical grounds, before the Tribunal, where it was held that The import from subject ....... + More


  27. 2018 (2) TMI 1421

    Valuation - The grievance of the appellant is that the Department proceeded to take NIDB data that too on a higher basis - Held that - the value as declared by the importer was based on an invoice, which was admittedly not genuine. In such situation, proposals were made based on the contemporenous assessment, correctness of which has been admitted. No protest has been recorded. As such, we cannot be now called upon to examine the correctness of v....... + More


  28. 2018 (2) TMI 1420

    Valuation of properties - company in liquidation - symbolic possession of the properties - Held that - (i) The Official Liquidator, with the guidance of the Court Receiver and after obtaining appropriate directions from the learned Company Judge in consultation with Justice A.S. Oka, can go ahead to sell the movable properties and, thereafter, proceed to sell the immovable properties which find mention in paragraph (a) of the prayer clause. BR BR....... + More


  29. 2018 (2) TMI 1419

    Winding up of the Company - Held that - In the case on hand, the respondent has raised a bonafide disputes as regards to the debt and in facts of the case, the proceedings under Sections 433 and 434 of the Companies Act, 1956 is not an alternative method of recovering debt which is disputed only because the plant of the respondent-Company is closed and therefore, it cannot be said that the respondent-Company has neglected to pay on a statutory de....... + More


  30. 2018 (2) TMI 1418

    Whether the compromise recorded by the Single Judge in orders dated 17th March, 2017, 24th March, 2017 and 26th April, 2017, is valid and legal as per the provisions of Order XXIII Rule 3 of the Code of Civil Procedure, 1908 ( CPC , for short), and whether the same was entered into with the consent of the parties? BR BR Held that - On the day when the consent terms were recorded, i.e. 17th March 2017, the appellants were duly represented by their....... + More


  31. 2018 (2) TMI 1417

    Suit for recovery of possession and damages - Since the defendant failed to vacate the suit property, therefore, the present suit for possession and damages came to be filed - whether a disputed question of fact arises that the plaintiff is not the owner of the suit property? - Held that - the suit property falls as one of the properties at Serial no. 1(a) of the Schedule II of the Scheme of Arrangement approved vide order 3.1.1983 by this Court........ + More


  32. 2018 (2) TMI 1415

    Levy of sales tax/VAT or service tax? - Hire Agreement - appellants had entered into Hire Agreement with parties for supply of Diesel Generators - Department took the view that the said services rendered by appellants to their customers i.e. supply of diesel generators are classifiable under the category of supply of tangible goods and that appellants are liable for payment of service tax on the consideration received for such services from 16-05....... + More


  33. 2018 (2) TMI 1414

    Packaging Service - the appellant received charges for carrying out the activity of blending and packing of tea on behalf of M/s TATA Tea Ltd. - Department were of the opinion that the lease agreement by which the appellant made premises available on lease to M/s TATA Tea Ltd. was nothing but a camouflage for receiving additional consideration for the activity of packing - cum duty benefit. BR BR Cum duty benefit - Held that - the appellant has c....... + More


  34. 2018 (2) TMI 1413

    Real estate agent service - consideration received by them to change the name of the allottee/owner of a unit in the building and managed by them - Held that - an identical issue has come up before the Tribunal in the case of M/s MGF Developments Ltd. Vs CCE, Delhi 2018 (2) TMI 1048 - CESTAT NEW DELHI , where it was held that the promoter and manager of such property cannot be taxed as real estate agent for the consideration received to substitut....... + More


  35. 2018 (2) TMI 1412

    Contractual arrangements with Indian Railways and Catering Tourism Corporation Limited (IRCTC) - Revenue entertained a view that they are not discharging Service Tax on certain activities undertaken/considerations received - Cleaning Services - Held that - It is clear that cleaning is with reference to objects or premises of commercial or industrial building, factory and premises thereof. The original authority gave a reason that railway coaches ....... + More


  36. 2018 (2) TMI 1411

    Levy of service tax - rent a-cab services - Held that - it appears that w.e.f. 16/10/1998, the definition of rent a cab scheme operator means any person engaged in the business operating cab on rent basis - In the instant case, the learned Counsel was unable to show any contract with the user. BR BR Time limitation - Held that - the appellant had not disclosed the value of remunerated amount that they are not discharging/paying service tax on the....... + More


  37. 2018 (2) TMI 1416

    Refund of unutilized CENVAT credit - denial on the ground of Non-Registration of premises - Whether the decision of CESTAT in allowing refund of Cenvat credit even without registration is correct? BR BR Held that - Reliance placed in the case of mPortal India Wireless Solutions (P) Ltd. Vs. Commissioner of Service Tax, Bangalore 2011 (9) TMI 450 - KARNATAKA HIGH COURT , where it was held that Registration not compulsory for refund - there was no ....... + More


  38. 2018 (2) TMI 1410

    Non-payment of service tax - only point on which the present demand is made is that there is difference between the statutory returns and the annual balance sheet - Held that - Admittedly, the appellants have more than one business premises through which the taxable service were provided. These were registered with the Department and discharging the service tax. The balance sheet of the appellant as a whole did not distinguish the different servi....... + More


  39. 2018 (2) TMI 1409

    Liability of service tax - consideration received for transferring the said trade mark rights - Held that - Admittedly, the appellant transferred the right to use the registered brand name to HWL in 1975. This is not disputed. The continuous usage of such right by HWL cannot be construed as continuous rendering of taxable service on the part of the appellant. BR BR Intellectual Property Service means transfer temporarily or permitting the use or ....... + More


  40. 2018 (2) TMI 1408

    Liability of service tax - Business Auxiliary Service - reverse charge mechanism - expenditure incurred by the appellant in setting up of certain branch offices in foreign countries like Bangladesh, Ukraine etc. - Held that - similar dispute came before the Tribunal for tax liability under the very same tax entry in Torrent Pharmaceutical Ltd. 2014 (12) TMI 41 - CESTAT AHMEDABAD . The issue of the expenditure incurred by the appellant with refere....... + More


  41. 2018 (2) TMI 1407

    Consultancy engineering service - Certain expenditure shown in the books of the appellant with reference to income and expenditure of projects in India is sought to be taxed as a consideration for consulting engineer service - Revenue entertained a view that expenditure incurred/shown in the accounts of appellant against consultancy fees and technical fees, which was further taken into account by LIL, Canada in the overall income and expenditure ....... + More


  42. 2018 (2) TMI 1406

    Valuation - abatement of value - N/N. 15/2004-ST dated 10.09.2004 and No.1/2006-ST dated 01.03.2006 - Commercial or Industrial services - Held that - the matter has come up before the Tribunal in the case of Bhayana Builders Pvt. Ltd 2013 (9) TMI 294 - CESTAT NEW DELHI (LB) and it has been held that taxable consideration in the form of gross value in terms of Section 67 cannot include the value of materials supplied free of cost by the recipient ....... + More


  43. 2018 (2) TMI 1405

    Rectification of mistake - power to review - Held that - The error attempted to be pointed out by the Revenue has been taken note of by the Tribunal while passing the impugned Final Order. In such circumstances, to consider the application of such exemption, would amount to review of the Final Order. The Tribunal has no power to review its order. BR BR The power of rectification is restricted to mistakes apparent from the record, calling for amen....... + More


  44. 2018 (2) TMI 1395

    Waste - N/N. 89/95-CE - Whether fatty acids, wax and gum arising in course of manufacture of refined vegetable oil are to be treated as waste for the purpose of exemption N/N. 89/95-CE and would be exempt from duty under this notification? BR BR Held that - The appellants are engaged in converting crude rice bran oil into refined rice bran oil. In effect the processes undertaken by them are towards this intended final product. For producing refin....... + More


  45. 2018 (2) TMI 1394

    CENVAT credit - input services - GTA Service - reverse charge mechanism - Held that - The definition of input service was amended vide N/N. 10/2008-CE(N.T.), dated 01.03.2008, w.e.f. 1.4.2008. The effect of amendment was that the Phrase from the place of removal was substituted by upto the place of removal . As per the amended provisions of definition of input service , service tax paid on freight for transportation of goods upto the place of rem....... + More


  46. 2018 (2) TMI 1392

    Clandestine removal of finished goods - mis-use of the cenvat credit - seizure of currency - Held that - Revenue should pay interest for the period the amount remained in its custody - the amount of ₹ 8 lakh seized in cash and held by the Department in bank account should be eligible for interest from 21.09.2005 (from the date of seizure) till its actual refund. The interest in this case should be computed on the basis of the interest accru....... + More


  47. 2018 (2) TMI 1393

    Benefit of N/N. 10/97-CE, dated 1.3.1997 - clearance of testing equipments to public funded Universities etc. - denial on the ground that Essentiality Certificate from head of the institution not produced (as was signed by the other authority) - Held that - It must be kept in mind that the intention of the Legislature in extending this exemption was only to engage research in public funded research institutions, universities, Institute of Technol....... + More


  48. 2018 (2) TMI 1391

    Transfer of CENVAT credit - whether appellant have rightly transferred the CENVAT Credit from their Service Tax Credit Register to CENVAT Credit Register under Rule 11 of Cenvat Credit Rules, 2004, of the balance as on 31.12.2004 under intimation to Revenue by letter dated 19.01.2005? - time limitation - Held that - transfer of credit from Service Tax credit Register to CENVAT Credit Register, was properly done under intimation to Revenue and as ....... + More


  49. 2018 (2) TMI 1390

    Clandestine manufacture and removal - M S Steel Bars and Rods - the entire allegation of the clandestine removal is based on the statement of the transporter as well as detailed culled out from the register of the transporter - Held that - the Department has not verified to whom the unaccounted goods were sold. No attempt was made to verify the excess consumption of the raw material and use of the extra energy - It is settled law that the documen....... + More


  50. 2018 (2) TMI 1389

    CENVAT credit - capital goods - MS Plates etc. - Held that - MS Plate were used for fabrication in tanks - In absence of any allegation in the SCN or another expert s opinion, Chartered Engineer Certificate produced by the appellant needs to be accepted - credit allowed - appeal allowed - decided in favor of appellant........ + More


  51. 2018 (2) TMI 1387

    CENVAT credit - capital goods - input services - area based exemption - Original Authority held that the appellant being the same Central Excise assessee under a single registration, cannot take credit on such capital goods and input services as they are not covered by Cenvat Credit Rules. BR BR Held that - if the unit is one and the same as contended by the Revenue, the products which are otherwise eligible for exemption under the said notificat....... + More


  52. 2018 (2) TMI 1388

    Restoration of appeal - Mandatory deposit under 35F of Central Excise, 1944 - Held that - no pre-deposit has been made by the appellants as required under section 35F of the Central Excise, 1944. When mandatory pre-deposit has not been made by the appellants, then appeals are not maintainable - applications for Restoration of Appeals are dismissed as not maintainable........ + More


  53. 2018 (2) TMI 1386

    100% EOU - N/N. 23 of 2003-CE dated 31.03.2003 - Revenue held a view that Zinc powder cleared to DTA is not similar to Zinc ingots exported by the appellant and accordingly, denied the exemption - Held that - Admittedly, Zinc is manufactured by the appellant and exported in the form of ingots. Some of the zinc is cleared to DTA in the form of powder - there is no reason to deny the exemption to the appellant as the products cleared for export to ....... + More


  54. 2018 (2) TMI 1385

    Liability of duty - job-work - lunch carry bag under the brand name of Tupperware - Held that - since the duty liability is essentially on the manufacturer, i.e. job-worker in the present case, the duty liability will need to be recovered from them. The appellant cannot be held liable for payment of such duty for the period prior to such undertaking - demand set aside - appeal allowed - decided in favor of appellant........ + More


  55. 2018 (2) TMI 1384

    Valuation - product manufactured by the assessee-appellants which is neither used in the production nor manufacture of final product, but consumed for the purpose of erection of tower - applicability of Rule 11, residuary clause - Held that - The Hon ble Supreme Court in the case of PCC Pole Factory Vs. CCE, 2003 (10) TMI 53 - SUPREME COURT OF INDIA , allowed the claim of the assessee-appellants where PCC Poles were used for transmission of the e....... + More


  56. 2018 (2) TMI 1383

    Scope of the powers of Tribunal - while deciding the issue of Pre-deposit tribunal deleted the penalty - whether the Commissioner was right in imposing certain predeposit condition and consequently right in rejecting the appeal upon the assessee failing to fulfill such condition? - Held that - In the present case, admittedly first appeal lied before the Commissioner and the Tribunal would be involved in deciding the contentious issues only after ....... + More


  57. 2018 (2) TMI 1382

    Penalty - attachment of bank accounts - the petitioner has sought for a direction upon the second respondent to authorize and empower the third respondent to take on file the Revision Petition - Held that - this issue need not be gone into, in the present case, since the petitioner has paid the entire tax amount and therefore, the attachment of the petitioner s bank account should be immediately lifted and the petitioner should be permitted to pu....... + More


 
 
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