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TMI Updates - Newsletter dated: February 9, 2018

TMI SMS


Highlights

  1. Income Tax : Reopening of assessment - assessment against deceased person - liability of Legal representatives - in the light of the provisions of section 159 of the Act the proceedings are required to be initiated against a legal representative and not against the deceased. - HC

  2. Income Tax : Reopening of assessment - assessment against deceased person - liability of Legal representatives - Insofar as the provisions of section 292B of the Act are concerned, the same would not be applicable as the petitioner is not the assessee - HC

  3. Income Tax : The assessee was entitled for deduction on account of interest paid to Allahabad Bank on the borrowed funds under section 57(iii) - such interest payment being more than the interest earned in both the years under consideration, no addition was liable to be made to the total income of the assessee on this issue - Tri

  4. Income Tax : TDS u/s 194H - Addition u/s 40(a)(ia) - when the assessee is not directly and indirectly in deciding the quantum of alleged commission/discount as well as determining the retail price at which the recharge coupons is sold to the customer then the provisions of section 194H cannot be applied - Tri

  5. Customs : Valuation - rejection of transaction value - From among the documents recovered from the laptop and mobile phone, the department has recovered the invoices/commercial invoices pertaining to the goods imported under these Bills of Entry - re-determining the value of the past imported goods on the basis of such invoices is justified - demand confirmed - Tri

  6. Indian Laws : Maintainability of appeal - doctrine of harmonious construction - whether an appeal, not maintainable under Section 50 of the Arbitration and Conciliation Act, 1996, is nonetheless maintainable under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015? - Held No - SC

  7. Indian Laws : Appointment of an arbitrator - When the contractee accepted the final payment in full and final satisfaction of all its claims, there is no point in raising the claim for losses incurred during the execution of the Contract at a belated stage - SC

  8. Insolvency and Bankruptcy : Corporate Insolvency Resolution Process - whether Appellant is not a ‘Financial Creditor’? - a loan advanced against the time value of money - Held No - Tri

  9. Insolvency and Bankruptcy : Corporate insolvency process - This petition under Section 9 of the I & B Code cannot be filed in the representative capacity of 284 workers - The operational creditor himself can file a petition regarding the debt of other persons, only in case debt is assigned or transferred to him. - Tri

  10. Insolvency and Bankruptcy : Corporate Insolvency Resolution Process - existence of eligible debt - Operational Creditor had provided security services to the Corporate Debtor and maintained a running account in respect of the said transaction - application admitted - Tri

  11. Insolvency and Bankruptcy : Corporate insolvency process - The rationale of giving a particular treatment to a financial creditor in the process of insolvency of a company under the Code of 2016 cannot be said to offend any provisions of the Constitution of India. - HC

  12. Service Tax : Recovery of Service Tax dues - Garnishee order - There is no illegality in the impugned Garnishee proceedings under Section 87 of the Act for recovery of the Service Tax dues from the petitioner. - HC

  13. Service Tax : Voluntary Compliance Encouragement Scheme (VCES) - rejection of declaration on the ground that the tax payable and due to the petitioner as declared under the said VCES, 2013 was paid before the date of promulgation itself on 10.5.2013 - rejection of declaration was unjustified and cannot be sustained - HC

  14. Service Tax : Refund claim of service tax paid earlier - place of provision of service - Fashion Designing Services - there is nothing on record to show that the service or a part of the service has been performed in India - not taxable - refund allowed - Tri

  15. Service Tax : Export of service - receipt of consideration in convertible foreign exchange - The said debit of foreign exchange by the UK bank and consequent credit in Indian rupee in Indian bank as part of nostro transaction is reported to RBI and necessarily forms part of foreign exchange earning in India - Tri

  16. Service Tax : Programme producer service with reference to domestic radio stations - There is no second person at the time of appellant producing the programme which is apparently for self - such transactions are not covered by programme producer service as the appellant did not produce programme for a third party - demand of service tax set aside - Tri

  17. Central Excise : CENVAT credit - Refund claim - input services - man power recruitment service and security service - Section 68 (2) is a special mechanism for shifting part liability to pay service tax from service provider to service recipient but it does not convert in the service recipient into service provider - Rule 5B of CCR has no application in the appellants case. - Tri

  18. Central Excise : CENVAT credit - the legitimate claim of the appellant for availment of cenvat credit cannot be denied for simple reasons that the First Stage/ Second Stage dealer has not filled up the columns correctly - Tri

  19. Central Excise : CENVAT credit - capital goods - imported two extruder machines - it is found that both the authorities below are reading a non-existent condition into the definition of capital goods which is impermissible. - Tri

  20. VAT and Sales Tax : Input Tax Credit (ITC) - there cannot be breach of principles of natural justice in disallowance of the Input Tax Credit in the hands of the petitioner-assessee, if the selling dealer himself is shown to be an non-existing dealer from entity - HC


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 437

    Unexplained cash credits - Held that - AO has made the addition under section 68 of the IT Act. However, learned CIT-A has modified the order and upheld the addition under section 69A. In this scenario it was incumbent upon the CIT-A who give proper notice and opportunity to the assessee regarding the intention to modify the section under which the addition was proposed. The interest of justice will be served if the matter is remitted to the file....... + More


  2. 2018 (2) TMI 436

    Computation of fringe benefit tax - Assessee pleaded that when a particular item of expenditure has been disallowed by the Ld. AO as not incurred wholly and exclusively for the purpose of business u/s 37 of the Act, then the same should not be subjected to levy of fringe benefit tax - Held that - We find that the Ld. AO has fairly pleaded only for exclusion of the amount disallowed in the sum of ₹ 7,91,147/- from the computation of fringe b....... + More


  3. 2018 (2) TMI 435

    Penalty proceedings u/s 271(1)(c) - unexplained sales made to two parties - quantum side has attained finality and therefore, penalty on such addition is justified - Held that - When, purchases, opening stock and direct expenses on debit side and gross sales, closing stock on credit side and balancing figure of gross profit and G.P. rate has not been disturbed; and books of accounts, trading results and other evidences have neither been rejected ....... + More


  4. 2018 (2) TMI 434

    Assessment u/s 153C - Unexplained purchase u/s. 69C - satisfaction note eligibility - Held that - No reason to accept the contention of the assessee that the said satisfaction note was recorded in the case of assessee and not in the case of person searched as required by law. Besides, no specific ground has been has been raised in the cross objection on the satisfaction note in particular. Accordingly, this issue is decided against the assessee a....... + More


  5. 2018 (2) TMI 443

    Deduction claimed by the assessee/respondent u/s 10A - foreign inward remittances received were held not to constitute income qualifying for deduction under Section 10A - Held that - It is quite apparent that customized electronic data or product or service clearly falls within the description of an activity that qualifies for deduction under Section 10A. The lower authorities, we also note this, have relied upon certain other decisions, which ta....... + More


  6. 2018 (2) TMI 442

    Claim for deduction u/s 10A - Tribunal allowed partial claim - Held that - The conclusion arrived at by the Tribunal regarding the claim of the assessee under section 10A of the Act is based upon concurrent findings of fact recorded by it after appreciating the material on record. Under the circumstances, the said ground of appeal being based purely upon the findings of fact recorded after appreciation of the evidence on record, in the absence of....... + More


  7. 2018 (2) TMI 441

    Reopening of assessment - validity of notice issues - eligible reasons to believe - Addition u/s 40A - Held that - The first condition is not attracted inasmuch as there is no allegation that the petitioner has failed to file a return, as contemplated in the proviso. Insofar as the second condition is concerned, on a perusal of the reasons recorded, it is evident that there is not even a whisper therein as regards any failure on the part of the p....... + More


  8. 2018 (2) TMI 440

    Disallowance made u/s 80IA(4) - captive power plants of the assessee were not separate undertakings, profits from them being notional,and hence, not included in gross total income - Tribunal deleted the disallowance - Held that - Order passed by the Commissioner (Appeals) that denial under section 80IA on the ground that captive power plants of the assessee were not separate undertakings, profits from them being notional,and hence, not included i....... + More


  9. 2018 (2) TMI 439

    Reopening of assessment - assessment against deceased person - liability of Legal representatives - Held that - As the original assessee viz. father of the petitioner passed away on 19.08.2012. The petitioner had informed the revenue authorities about the same in the year 2013. The authorities were very well aware that the petitioner is the heir and legal representative of the deceased assessee, despite which, more than four years after the death....... + More


  10. 2018 (2) TMI 433

    Addition u/s 14A - earning of exempt income - suo-motu disallowance - Held that - As assessee has earned dividend income for which no disallowance has been made by assessee in the return of income filed, as per section 14A(1), computation has to be adopted as per Rule 8D of the Income Tax Rules,1963. On perusal of the computation made by the AO, it is observed that the disallowance made is more than exempt income. Hon ble Delhi High Court in the ....... + More


  11. 2018 (2) TMI 432

    Computing income from life insurance business - determining the income of the assessee u/s. 44 - Held that - Following the orders of tribunal in the assessee s own case for asst. year s 2011-12 and 2012-13 we are of the view and hold that surplus/deficit of policy holders account may be aggregated with the surplus/deficit of the shareholders account for determining the income of the assessee u/s 44 of the Act. We find no reason to interfere with ....... + More


  12. 2018 (2) TMI 431

    Disallowance u/s 14A - Held that - We find that the assessee has made investments in shares, PPF and mutual funds and no exempt income was earned during the year under consideration. Therefore, in view of decision of Hon ble High Court of Delhi in the case of Chem Investment 2011 (11) TMI 30 - DELHI HIGH COURT we find no infirmity in the order of Ld. CIT(A) and accordingly the ground raised in this regard by the Revenue is dismissed. BR BR Disall....... + More


  13. 2018 (2) TMI 438

    Exemption u/s 10(23C)(vi) - Reopening of assessment - Held that - The assessee is entitled to seek reasons for reopening of the assessment and if such request is made, the assessing officer is bound to furnish the reasons for reopening and on receipt of the reasons for reopening, the petitioner is entitled to submit their objections, which have to be dealt with by the assessing officer and an order has to be passed thereof. It is thereafter open ....... + More


  14. 2018 (2) TMI 429

    Deduction u/s.80IB - calculation of claim - expenses claimed as deduction for calculating net profit for Silvassa Unit II - Held that - AO failed to point out any direct nexus of the alleged common expenditures to have been incurred for Silvassa Unit II and also did not pointed out any defect in the allocation statement prepared by the assessee for expenses claimed as deduction for calculating net profit for Silvassa Unit II. We therefore set asi....... + More


  15. 2018 (2) TMI 428

    Disallowance u/s. 14A r.w. Rule 8D(2)(iii) - Held that - The disallowance should not be more than dividend income. Further in this case the assessee itself has disallowed expenses of ₹.6,15,628/- which is more than the dividend income of ₹.5,20,000/- earned during this assessment year. Therefore, there should not be any further disallowance u/s. 14A r.w. Rule 8D of the I.T. Rules. Thus we direct the Assessing Officer to delete the dis....... + More


  16. 2018 (2) TMI 427

    Validity of proceedings u/s 153A - proof of incriminating material/document/evidence - Held that - As decided in assessee s own case there is no denial that no incriminating material was found at the time of search proceedings. It is also an undisputed fact that prior to the date of search, the assessee had filed Wealth Tax returns. The only evidence which came to the notice of the search party were the Wealth Tax Returns filed by the assessee. I....... + More


  17. 2018 (2) TMI 426

    Penalty u/s. 271FA - penalty order as appealable order before this forum - Held that - Section 271FA is a penalty which is leviable by the prescribed Income Tax authority. The order of the DIT indicates that he is nominated to be by the Income Tax authority for accepting the returns to be filed u/s. 285BA(1). Therefore, it seems the DIT has invoked the powers of 271FA for levying of penalty. Even though there is no specific provision for appeal b....... + More


  18. 2018 (2) TMI 425

    Interest earned on investment out of funds borrowed from Bank - income from other sources - set off of interest income from the project cost as development expenditure account - Held that - This issue is squarely covered in favour of the assessee by the decisions of the Hon ble Supreme Court in the cases of Bokaro Steel Limited (1998 (12) TMI 4 - SUPREME Court) and Karnal Cooperative Sugar Mills Limited (1999 (4) TMI 7 - SUPREME Court) as rightly....... + More


  19. 2018 (2) TMI 424

    TDS u/s 194H - Addition u/s 40(a)(ia) - want of deduction of tax at sources in respect of the commission/discount to the retailers of recharge cards - Held that - The assessee is an intermediatetory and only recording this transaction in the books of account for the purpose of completeness. Hence, when the assessee is neither competent nor responsible nor actually paying any commission to the retailer on sale of recharge coupons to the retailers ....... + More


  20. 2018 (2) TMI 423

    Unaccounted investment in Jewellery added to the total income of the assessee - Held that - It is undisputed fact that assessee has filed wealth tax return for A.Y.2008-09, wherein total Jewellery has been shown. BR BR Coordinating Bench in assessee s own case for Asst. Year 2009-10 held that no denial that no incriminating material was found at the time of search proceedings. It is also an undisputed fact that prior to the date of search, the as....... + More


  21. 2018 (2) TMI 420

    Valuation - rejection of transaction value - contemporaneous imports - Held that - The valuation of imported goods is required to be done in terms of Section 14 of the Customs Act, 1962, read with the Customs Valuation Rules, 2007. The transaction value of imported goods can be rejected only as per the provisions of Rule 12 of the Customs Valuation Rules - In the present case, in respect of 32 Bills of Entry pertaining to imports, certain documen....... + More


  22. 2018 (2) TMI 422

    Relief to prayer 30(ii) and 30(iii) of the plaint - Held that - the defendant no. 3 has no real prospect of defending the claim as it has neither entered appearance nor filed its written statement or denied the documents of the plaintiff, this Court is of the view that there is no need to relegate the plaintiff to lead ex parte evidence - the present suit is decreed qua defendant no.3 in accordance with prayer 30(ii) and 30(iii) of the plaint alo....... + More


  23. 2018 (2) TMI 419

    Refund of Extra Duty Deposit (EDD) - denial on the ground of unjust enrichment - principles of natural justice - Held that - there has been no discussion in the impugned order about various evidences produced by the Appellants before the adjudicating authority in support of their claim for sanction of refund - the order passed by the Commissioner (Appeals) is not based upon the merits and facts and the matter needs to be reconsidered - appeal all....... + More


  24. 2018 (2) TMI 421

    Penalty u/s 112(a) of the CA, 1962 - allegation pertains to the genuinity and legality of the DEPB licence - cross-examination - Held that - the petitioner cannot insist upon the cross examination of the Investigating Officers - the petitioner would state that he had only dealt with the DEPB scripts and purchased the same from Mr.Satish Mohan Agarwal, New Delhi and he is no way connected with the allegations made in the SCN - petition dismissed........ + More


  25. 2018 (2) TMI 418

    Redemption fine - penalty - live consignment of Rough Marble - consignment of Marbles which were imported earlier or otherwise - Held that - there is no dispute as to the fact that there was an excess quantity of 10.84 MT of Rough Marble Blocks which was seized and confiscated - argument of the Ld. Counsel that they were not aware of the quantum of Marble loaded by the supplier and the said Marble needs to be considered as rough and the gross wei....... + More


  26. 2018 (2) TMI 417

    Benefit of N/N. 6/2012 Sl.No. 234 - import of goods declared as Glass Fiber Reinforced Guypsum Boards (GRG Board) of Tapered Edge Boral brand - denial of cross examination - principles of natural justice - Held that - on the one hand, the CTA laboratory where the samples of impugned consignment had been sent did not test presence/content of glass fibre. At the same time, the Customs laboratory has confirmed the correctness of the goods as declare....... + More


  27. 2018 (2) TMI 416

    Valuation - assessable value to be adopted for demand of Central Excise Duty in the case of Superior Kerosene Oil (SKO) (PDS) and Liquid Petroleum Gas (LPG) (Domestic) - Revenue was of the view that the appellant had paid duty on subsidized price instead of paying duty on the Refinery Gate Price - Held that - the similar issue for a different period pertaining to the appellant came up before the Tribunal in the case of Kochi Refineries Ltd. Versu....... + More


  28. 2018 (2) TMI 415

    Debonding order - suppression of facts - validity of SCN - Held that - the SCN is bad and barred by limitation. There is no allegation of any cotumacious conduct, suppression or mis-statement on the part of the appellant. It is apparent that the SCN have been issued by way of change of opinion and accordingly, the said notice is bad and not maintainable - also, it is evident from the facts that on the record that the consent of authority, namely ....... + More


  29. 2018 (2) TMI 414

    Rectification of the Register of Members of the Company - Transfer of shares - Held that - Actions of the R1 and R2 would prove that the share of the petitioner has been transferred without his concurrence and the name of the petitioner has been deleted from the Register of Members without sufficient cause. Since, the transfer to R3 has been made by the Company knowing fully well that one more duplicate certificate is in existence and the transfe....... + More


  30. 2018 (2) TMI 413

    Attachment orders - offence under PMLA - Held that - There is no nexus whatsoever between the alleged crime and the Bank who is mortgagee of the properties in question which were purchased before sanctioning the loan. Thus no case of money-laundering is made out against Bank who has sanctioned the amount which is untainted and pure money. They have priority to recover the loan amount/debts by sale of assets over which security interest is created....... + More


  31. 2018 (2) TMI 412

    Maintainability of appeal - doctrine of harmonious construction - whether an appeal, not maintainable under Section 50 of the Arbitration and Conciliation Act, 1996, is nonetheless maintainable under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015? BR BR Held that - Both the Commercial Courts Act as well as the detailed Arbitration Amendment Act of 2015, were brought into forc....... + More


  32. 2018 (2) TMI 411

    Appointment of an arbitrator for resolution of the dispute between the appellant-Company and respondent No. 1-Company - works contract - whether the respondent-Contractee Company has made out a case for referring the dispute to Arbitration? BR BR Held that - When the contractee accepted the final payment in full and final satisfaction of all its claims, there is no point in raising the claim for losses incurred during the execution of the Contrac....... + More


  33. 2018 (2) TMI 410

    Grant of Bail - fundamental postulate of criminal jurisprudence - Held that - The grant or refusal of bail is entirely within the discretion of the judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously and in a humane manner and compassionately. Also, conditions for the grant of bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory. BR BR It is not ....... + More


  34. 2018 (2) TMI 444

    Corporate insolvency process - winding proceeding already initiated by the High Court is still pending - Held that - In the present case as we find that a winding up proceeding has been passed and is pending against the appellant, we hold that the application under section 10 of I&B code at the instance of the corporate applicant is not maintainable in view of the bar imposed under Section 11(d) of I&B Code. Appeal dismissed........ + More


  35. 2018 (2) TMI 445

    Corporate Insolvency Resolution Process - existence of eligible debt - Operational Creditor had provided security services to the Corporate Debtor and maintained a running account in respect of the said transaction - Held that - This Bench is satisfied that the Corporate Debtor defaulted in making payment of the outstanding debt claimed by the Operational Creditor. The Operational Creditor has fulfilled all the requirements of law. Therefore, CP/....... + More


  36. 2018 (2) TMI 446

    Corporate insolvency process - maintainability of joint application or joint Demand Notice by the Operational Creditor - Held that - Footnote given in Form 5 is not in consonance with the provision of Section 8 of the I & B Code, because Section 8 does not authorise joint application or joint Demand Notice by the Operational Creditor. Section 7 which deals with the financial creditor allows joint application by the financial creditor. The not....... + More


  37. 2018 (2) TMI 447

    Corporate Insolvency Resolution Process - whether Appellant is not a Financial Creditor ? - a loan advanced against the time value of money - according to Appellant, the Time value of money to be calculated by expected future value of the Appellant s investment in the Respondent for allowing it to continue as a on-going concern and to make profits. - Held that - In the present case, the Appellant has failed to bring on record any evidence to sugg....... + More


  38. 2018 (2) TMI 407

    Valuation - includibility - amount recovered for repair/re-winding of the defective stators in their bills for repair of compressors - Held that - the appellants are not denying the use of the repaired stators for repair of compressors without which such repairing process is not completed As such the stator is an inputfor rendering the output service and therefore the cost of the input is to be added to the value of the taxable service. BR BR Ext....... + More


  39. 2018 (2) TMI 409

    Recovery of Service Tax dues - Garnishee order under Section 87 of the Finance Act of 1994 - Held that - Admittedly in the present case, the Service Tax Liability determined against the petitioner assessee under the Garnishee orders Annexure A and Annexure B has not been set aside or even stayed by any higher Authority or Court or the Tribunal. Therefore, such liability of the petitioner assessee to pay such Service Tax to the Central Government ....... + More


  40. 2018 (2) TMI 406

    Scope of business support services - amounts were used towards getting the motorcars registered and the excess amounts received were retained by the appellants - Held that - In the case in hand, the amount collected as extra charges is not for any of the services which are enumerated in the said definition. Therefore, the definition of business support service will not cover the services rendered by the appellant even in the residual category of ....... + More


  41. 2018 (2) TMI 408

    Voluntary Compliance Encouragement Scheme (VCES) - rejection of declaration on the ground that the tax payable and due to the petitioner as declared under the said VCES, 2013 was paid before the date of promulgation itself on 10.5.2013 - Held that - the petitioner admittedly has complied with all the relevant conditions of VCES, 2013 and therefore, its declaration, prima facie, deserved to be accepted and has been wrongly rejected by the responde....... + More


  42. 2018 (2) TMI 405

    Refund claim of service tax paid earlier - place of provision of service - Fashion Designing Services - proviso to Rule 3(ii) of Taxation of Services (Provided from Outside India & Received in India) Rules, 2006 - Held that - through the said Rule 3(ii) of Taxation of Services (Provided from Outside India & Received in India) Rules, 2006 certain services were deemed to have been performed in India even if they were partly performed in Ind....... + More


  43. 2018 (2) TMI 404

    Refund of Service Tax paid on the goods exported - rejection on the ground of time limitation - Held that - the refund claim submitted subsequently with the proper authority enclosing therewith almost the same set of documents/evidences in support of the claim albeit with reduced claim, cannot be considered as barred by limitation. BR BR Rejection of refund also on the ground that sufficient evidences were not produced in establishing the fulfill....... + More


  44. 2018 (2) TMI 403

    Business Auxiliary Service - Short payment of service tax - whether reimbursable expenses are includible in the taxable value or not? - Held that - The facts make it clear that the amount impugned is reimbursable expenses on which service tax has been demanded - issue whether reimbursable expenses are to be included in the taxable value or not is settled by the decision in the case of Commissioner of Service Tax Versus M/s. Sangamitra Services Ag....... + More


  45. 2018 (2) TMI 402

    Liability of service tax - installation charges collected - benefit of N/N. 12/2003 - Held that - The amount received for such services are taxable services - the appellant has no case on merits. BR BR Penalty - Held that - there is a clear finding by the Commissioner (Appeals) observing that it is sufficiently established that reasonable cause is made out by the appellant for non-payment of service tax during the disputed period. This was becaus....... + More


  46. 2018 (2) TMI 401

    Refund of service tax paid mistakenly - main ground for rejection of the entire refund claim is that the appellants have not furnished sufficient documents to establish that the incidence of duty has not been passed on to another - Held that - we may deem it fit to remand the matter to the original authority to consider the issue of unjust enrichment. The adjudicating authority shall give the appellants a chance of personal hearing as well as suf....... + More


  47. 2018 (2) TMI 400

    Cleaning activity services - services of cleaning, housekeeping and other general conservancy services to BSNL and Trichy Airport - Held that - There is no allegation that appellants have billed or collected service tax amounts from BSNL or AAI. This being so, we are of the considered opinion that tax liability should be calculated after extending exemption limits available to small service providers and allowing cum tax benefit on the liabilitie....... + More


  48. 2018 (2) TMI 399

    Levy of service tax - after Sales Service to the customers during the warranty period - Tax on the materials utilized in providing the service during the warranty period - Held that - Under the works contract there can be no levy of service tax on the material component which have already been provided in the works contract-Determination of Value Rules. Further, under the Finance Act, 1994 there is no taxing power to tax the material component, i....... + More


  49. 2018 (2) TMI 398

    Valuation - includibility - Whether appellant is liable to pay Service Tax under the category of Manpower Recruitment or Supply Agency Service on the reimbursable expenses namely Wages, Bonus, ESI, Provident Fund, etc.? - Held that - the issue is settled in the case of Sangamitra Services Agency v. Commissioner of Central Excise 2007 (7) TMI 33 - CESTAT, CHENNAI , where it was held that such expenses are not includible in arriving at the taxable ....... + More


  50. 2018 (2) TMI 385

    Benefit of N/N. 148/73 CE dated 21.07.73 - Veneered Particle Boards Commercial - Held that - On a perusal of the Trade Notice No. 26/70 dated 21.02.1970, it has been clarified the position with reference to the N/N. 201/69 dated 16.08.1969 it is clarified that the tariff value is to be determined on the basis of the plywood. The Trade Notice has clarified that the Veneered Particle Board on which decorative plywood is pasted on either or both sid....... + More


  51. 2018 (2) TMI 384

    Benefit of N/N. 1/2011-CE dated 01.03.2011 - Instant food mixes - CENVAT credit on inputs/capital goods used for manufacture of packing materials - denial of benefit on the ground that the CENVAT credit availed - Held that - similar issue decided in appellant own case M/s. MTR Foods (P) Ltd. Versus Commissioner of Central Excise, Customs and Service Tax BANGALORE-I 2016 (8) TMI 485 - CESTAT BANGALORE , where it was held that CENVAT credit taken i....... + More


  52. 2018 (2) TMI 383

    CENVAT credit - clearance to 100% EOU - It appeared to Revenue that under Sub Rule (5) of Rule 3 of CCR, 2004, appellants were required to reverse the said Cenvat Credit of ₹ 11,88,931/- on clearance of DMO to 100% EOU - Held that - during the relevant period when Rule 57F was on Statute there was no provision equivalent to Caluse (ii) of Sub Rule (6) of Rule 6 of CCR 2004 - if the Cenvat Credit is availed on inputs and if the same are clea....... + More


  53. 2018 (2) TMI 381

    CENVAT credit - input service distributor - it was alleged that M/s. ITC LTD are neither manufacturers of excisable goods nor service providers in terms of the CEA 1944, and the FA 1994, respectively, and therefore it appeared that they are not entitled to distribute input services credit as an input service distributor - Held that - similar issue decided in appellant own case Commissioner of Central Tax, Bangalore Versus M/s. ITC Ltd. 2017 (9) T....... + More


  54. 2018 (2) TMI 382

    CENVAT credit - final product becomes exempted absolutely - recovery of credit availed along with penalty - Held that - the provision of Rule 11 of Central Credit Rules, 2004 required the manufacturer to pay an amount equivalent to Cenvat Credit involved in the inputs lying in stock on the date on which the final product becomes absolutely exempted under a Notification issued under Section 5A of Central Excise Act, 1944. The proceedings can be li....... + More


  55. 2018 (2) TMI 380

    CENVAT credit - input services - outward catering service - denial on the premise that the same is covered under exclusion class of Rule 2(l) of CCR 2004 - Held that - Admittedly, it has not been disputed by the authorities below that the outdoor catering service in question has been provided by the appellant to the employees in the factory in terms of section 46 of the Factories Act, 1948 wherein the appellant is required to provide canteen serv....... + More


  56. 2018 (2) TMI 378

    CENVAT credit - AFBC boiler, which was assembled at the site of the appellants - case of the department is that appellants have taken ineligible Cenvat credit on items used in the fabrication of the boiler embedded to earth, which is not capital goods or inputs - Held that - issue decided in the case of M/s. Singhal Enterprises Private Limited Versus The Commissioner Customs & Central Excise, Raipur 2016 (9) TMI 682 - CESTAT NEW DELHI , where....... + More


  57. 2018 (2) TMI 379

    Valuation - abatement - whether appellants are eligible for abatement on prorota basis during the period of non-functioning of the furnaces? BR BR Held that - the claim of the assessee for pro-rata basis is to be allowed, which we hereby do - the demand of interest as well as imposition of penalties is unsustainable. BR BR Appeal allowed by way of remand........ + More


  58. 2018 (2) TMI 377

    Benefit of N/N. 04/2006 dated 01.03.2006 as amended - Cement packaged in the form of 50 kg per bag - Held that - similar issue decided 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 CBEC Circular No.124/02/2008 CX-3, DT.12/06/2008 vide Para 3 read with Para 2 (ii) of the Circular categorically states that exemption would be eligible under Sl.No.1C o....... + More


  59. 2018 (2) TMI 376

    Dutiability - Zinc Dross & Zinc Ash - waste - whether Zinc Dross & Zinc Ash, cleared by the respondent/assessee as waste are dutiable? BR BR Held that - the issue herein is squarely covered in favor of the respondent/assessee by ruling of Hon ble Bombay High Court in the case of Hindalco Industries Limited Versus Union of India 2014 (12) TMI 657 - BOMBAY HIGH COURT , wherein Hon ble Bombay High Court has been held that Dross and skimming ....... + More


  60. 2018 (2) TMI 375

    Extended period of limitation - CENVAT credit - input service - outward transportation/freight incurred - Held that - the issue herein is wholly interpretational as held by the learned Commissioner (Appeals) - in several judgments of this Tribunal, it have been held that prior to the amendment in the year 2008, in the definition of input in Rule 2(l) of CCR, Cenvat Credit was available on the outward transportation, wherein the place of removal w....... + More


  61. 2018 (2) TMI 374

    Classification of goods - whether Armada vehicle manufactured by the appellant was 10 seater vehicle falling under Tariff Heading 8702 or below that to be classified under Tariff Heading 8703? BR BR Held that - Mere assumption that Armada vehicle had sitting capacity below 10, does not make the adjudication sustainable. Ld. adjudicating authority did not conduct physical verification of the vehicle nor the vehicle was sent to the Motor Vehicle au....... + More


  62. 2018 (2) TMI 373

    Validity of assessment order - section 39(1) of the KVAT Act, 2003 - Principles of Natural Justice - the adverse material was not confronted to the petitioner and merely on the basis of a Investigation Report, the disallowance of Input Tax Credit was made by the Assessing Authority which too was not supplied to the petitioner-assessee and he was not given an opportunity to controvert the said adverse material. BR BR Held that - There cannot be sa....... + More


  63. 2018 (2) TMI 372

    Jurisdiction - whether the Deputy Commissioner of Commercial Taxes (Audit 65) DVO-6 Bangalore was competent to pass the re-assessment order dated 23.11.2010? BR BR Held that - The reading of S.2(24) makes it clear that the authority competent to authorize is either the Government or the Commissioner. The records produced by the respondent show that on 18.05.2009 the Joint Commissioner of Commercial Taxes (Adm) VAT Division 6 addressed a letter to....... + More


  64. 2018 (2) TMI 371

    Validity of order of the Joint Commissioner of Commercial Taxes (Appeals) - time limitation - Held that - the contention that was put forth on behalf of the petitioner in the appeal before the Tribunal was that the first appellate authority though had the occasion to verify the books of accounts, had not done so and had modified the liabilities based on assumptions. If that be the position, the books of accounts being available, is required to be....... + More


  65. 2018 (2) TMI 370

    Works Contract - rate of tax - iron and steel items - taxable at 4% or otherwise? - Held that - The issue involved herein is no longer res integra in view of the dictum enunciated by the Hon ble Apex Court in the case of Gannon Dunkerley & Co. Versus State of Rajasthan & Larsen & Toubro Ltd. & Union of India 1992 (11) TMI 254 - SUPREME COURT OF INDIA , where it was held that the declared goods in question can only be taxed at the ....... + More


 
 
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