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TMI Updates - Newsletter dated: March 5, 2018


  1. Goods and Services Tax : Clarifications regarding GST in respect of certain services - CGST - Circulars / Ordes

  2. Income Tax : Exclusion of Sales inflation figure from the assessee’s income - Special Auditor’s Report relied upon - Merely because the assessee’s income was audited by the chartered accountants in regular process, there cannot be unqualified acceptance of the audited figures - HC

  3. Income Tax : Allowable busniss expenses - Diversion of income - Though the amount has been received by the assessee, the same is collected on behalf of the joint venture - It is the settled law that the accounting entries are not determinative of the actual nature of the transaction; it is the substance that prevails. - Tri

  4. Income Tax : Addition u/s 69A - there is no doubt with regard to recording of repayment of loan in the books of account and the source of such fund. - What the Assessing Officer has doubted to disallow the repayment is the genuineness of unsecured loans received by the assessee in the earlier assessment years - No additions - Tri

  5. Income Tax : Disallowance on account of expenses incurred through sub-contractors - bogus expenditure - these companies are merely paper companies, having complied with proper paper work, but not possessing necessary expertise to render technical services to the assessee - Even if TDS was deducted, expenditure cannot be allowed. - Tri

  6. Income Tax : Levy of penalty u/s 271(1)(c) - Merely because the assessee-company did not challenge the addition before Ld. CIT(A), is no ground to levy penalty against the assessee-company - Tri

  7. Income Tax : Allowability of Medical expenses for staff / Director - keeping the principal of “commercial expediency” the assessee incurred the expenditure on his hospitalisation and surgery - claim of expenditure allowed - Tri

  8. Income Tax : Disallowance u/s 80IB - There is no bar or prohibition in section 80IB on sale (slumpsale) of eligible undertaking to another assessee and the benefit attached with eligible undertaking cannot be denied to another assessee - mere change of ownership would not affect the claim of deductions. - Tri

  9. Income Tax : Penalty levied u/s 271(1)(c) - AO has levied the penalty without waiting for the outcome of the orders of the appellate authorities - the issue needs to be reexamined by the AO in the light of provisions of section 275(1A) - Tri

  10. Income Tax : Nature of interest expenditure - AO and CIT(A) were right in treating the activity carried out by the assessee as investment activity and accordingly finance charges is not deductable under section 36(1)(iii). - Tri

  11. Income Tax : Levy of penalty - disclosure made u/s 132(4) at the time of search on undisclosed stock - the excess stock does fall under the definition of ‘undisclosed income’ and consequently penalty u/s 271AAB of the Act is leviable for the same - Tri

  12. Income Tax : Levy of penalty - deduction u/s 80IB - Since the revenue had denied deduction thereon in earlier years, it was denied for the year under appeal also - This has nothing to do with the search proceedings so as to fall within the ambit of undisclosed income and consequential levy of penalty u/s 271AAB of the Act.- Tri

  13. Income Tax : Unexplained cash credit u/s 68 - share application money - AO is directed to make further enquiries by issuing necessary summons to the shell companies - The assessing officer should also make reference to the action taken by the Finance Ministry in this regard, as to whether names of these companies appear in the list of such struck off companies. - Tri

  14. Income Tax : Addition u/s 69A - there is no doubt with regard to recording of repayment of loan in the books of account and the source of such fund. What the Assessing Officer has doubted to disallow the repayment is the genuineness of unsecured loans received by the assessee in the earlier assessment years - no additions - Tri

  15. Customs : Exchange Rates Notification No.18/2018-Custom(NT) dated 01.03.2018 - Notification

  16. Customs : Seeks to amend notification No. 50/2017 Customs dated 30.06.2017 - Increase in Rate of Duty on certain items including Chana and Edible Oil - Notification

  17. Customs : Seeks to increase BCD tariff rate on Chickpeas, [Tariff item 0713 20 0] from 40% to 60% by invoking section 8A (1) of the Customs Tariff Act, 1975 - Notification

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

  19. Customs : Classification of goods - Network Switches - switch was only useable in the local area network - classifiable under CTH 8471.80 or CTH 8517.50 - Onus is on the Department to prove that the classification claimed by the assessee is incorrect - to be classified under CTH 8471.80 - Tri

  20. Companies Law : Compounding of alleged offence for violation of Sections 96 and 99 of the Companies Act, 2013 - these contraventions are not attracting punishment of imprisonment and imprisonment with fine. It is a is statutory violation in technical nature attracting penalty of fine simplicitor - Compounding allowed - Tri

  21. Service Tax : Business Auxiliary Services - export of services or not - Marketing operations done by an assessee in India cannot be said to be at behest of any Indian customers - the services were held to be as having been delivered and/or used outside India and thus being export of services. - Tri

  22. Service Tax : Refund of service tax - input services used for export of goods - the assessee cannot be burdened unduly with the condition to establish that service provider was registered under ‘Port Services’ and were authorized by the port. - Tri

  23. Central Excise : Valuation - tooling/patterns - supplied free of cost to the appellant - the amortized value of such tooling must be added in the assessable value of the automobile parts manufactured and sold by the appellant to their customer - Tri

  24. Central Excise : Classification of goods - Rovan Poshak Tail - Rooh-e-Gulab Sharbat - it is not a cosmetic and toiletry preparation but is an Ayurvedic Medicine for curative and preventive therapy - classified both items under Tariff Item 3004 9011, as medicaments - area based exemption allowed - Tri

  25. Central Excise : Interpretation of Statute - Pan Masala Packing Machines [PMPM] (Capacity Determination and Collection of Duty) Rules, 2008 - when a new RSP is introduced the fourth proviso to Rule 9 of the said rules would apply and that any other interpretation would make the said proviso redundant or otiose, which is not permissible by law. - Tri

  26. VAT and Sales Tax : Demand of Interest on account of the alleged delayed payment - once the petitioner has been permitted to pay the arrears in instalments, the demand with regard to levy of interest is unsustainable - HC



Circulars / Instructions / Orders

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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 (3) TMI 47

    Assessment u/s 153A - addition of undisclosed income - absence of any incriminating material found during the course of search - Held that - CIT(A) specifically asked the remand report of the AO on the aforesaid contention of the assessee. In response, the AO in his remand report dated 16.03.2016 admitted that though no documents were found/seized nor there was any admission by the assessee during the course of search but the addition was made as....... + More

  2. 2018 (3) TMI 48

    Registration u/s 12AA cancelled - proof of charitable activities - Held that - Establishing of a diagnostic center was in the knowledge of the department. Impliedly intimation was given to it. The department did not change status of the assessee continuously for more than 20 years. It has accepted the status of the assessee as charitable institution. There is no change in the facts and circumstances of the assessee-trust through these twenty year....... + More

  3. 2018 (3) TMI 49

    Penalty u/s 271(1)(c) - eligibility of notice u/s 274 - non specify which limb of Section 271 (1)(c) of the Act, the penalty proceedings had been initiated - Held that - It is evident from the notice u/s 274 r.w.s. 271 of the Act dated 28.03.2013 for the impugned year that the Assessing Officer has not specifically specified as to under which limb of Section 271(l)(c) of the Act, the penalty proceedings had been initiated by him, i.e., whether fo....... + More

  4. 2018 (3) TMI 50

    Penalty u/s. 271(1)(c) - false claim of deduction u/s. 80IC - Held that - The assessee has been able to demonstrate that although claim for deduction u/s. 80IC as lodged by the assessee with the revenue was not tenable but the assessee made a bona-fide claim as the loan license issued by Licesning authority was held in the name of the assessee to manufacture pharma products at Vaibhav s unit at Baddi, HP, manufacturing was done under assessee s s....... + More

  5. 2018 (3) TMI 39

    Addition u/s 69A - assessee got its money routed in the form of unsecured loans and after repayment to parties, the money was transferred / withdrawn to the assessee - CIT-A deleted the addition - Held that - A reading of section 69A of the Act makes it clear, addition can only be made when the assessee is found to be in possession of money bullion jewellery, etc., not recorded in his books of account. It is not the case of the Department that th....... + More

  6. 2018 (3) TMI 40

    Penalty levied u/s 271(1)(c) - Nature of interest expenditure - disallowance of finance charges on the ground that the expenditure incurred under the head Finance Charges is not incurred wholly and exclusively for the purpose of business of the assessee - Held that - No merits in the arguments of the assessee for the reason that the activity carried out by the assessee i.e. investment in shares of Anand Group of Companies for holding controlling ....... + More

  7. 2018 (3) TMI 41

    Addition on shortfall / deficit in cash deposits with the firm - Held that - The assessee had declared a sum of ₹ 3,14,950 by way of cash under the VDIS pertaining to assessment years 1993-94 to 1996-97. In the absence of the year-wise bifurcation of the declaration under the VDIS, it is not possible to give entire credit of ₹ 3,14,950 to the deficit cash deposit worked out by the Assessing Officer. BR BR There had been cash withdrawa....... + More

  8. 2018 (3) TMI 42

    Allowable busniss expenses - Diversion of income - payment for services rendered by M/s Vanguard Jewels Ltd - proof of commercial expediency - Held that - In the present case, the assessee was a lady business person. She has received a huge export order. She sought help and assistance from M/s. Vanguard Jewels Ltd. who had earlier sufficient experience in dealing the export business. The facts of the case clearly indicate that the considerable se....... + More

  9. 2018 (3) TMI 43

    Disallowance of deduction by the assessee u/s 80IA on rolling stock - Held that - The above issue is squarely covered in favour of the assessee by the decision of coordinate bench for Assessment Year 2003-04 to 2005-06 2009 (2) TMI 499 - ITAT DELHI BR BR Disallowance of extra deprecation claimed by assessee on computer peripherals - Held that - The above issue has been decided by the Hon ble jurisdictional High Court in CIT Vs. BSES Yamuna Power ....... + More

  10. 2018 (3) TMI 44

    Eligibility to deduction u/s 80IB - profit derived from the activity of manufacture - plea of the Assessee that the process of producing poultry feed involved mechanical, chemical & electrical processes for which the Assessee used sophisticated Plant & Machinery - Held that - The assessee s eligible undertaking itself was independently carrying out the complete activity i.e. from mixing, grinding till the pelletisation. The raw materials ....... + More

  11. 2018 (3) TMI 45

    Unexplained cash credit u/s 68 - share application money - shell companies - non adherence to necessary enquiry - Held that - The facts and circumstances of the case clearly mandated that where the learned CIT-A was not satisfied with the enquiry made by the assessing officer, he should have himself made the necessary enquiry. It is settled law that powers of learned CIT-A are coterminous with that of the assessing officer. Furthermore honourable....... + More

  12. 2018 (3) TMI 46

    Disallowance u/s 80IB - change of ownership - assessee does not fulfill the conditions laid down u/s 80IB - CIT-A deleted the addition - AO denied the deduction u/s 80IB holding that the benefit is not available in case of slump sale and that provisions of section 80IB does not permit the deduction unless transfer of undertaking pursuant to the scheme of amalgamation or demerger - mere change of ownership - Held that - AO has not disputed about t....... + More

  13. 2018 (3) TMI 37

    Disallowance on account of expenses incurred through sub-contractors - bogus expenditure - proof of actual rendering of services by these parties to the assessee - Held that - The assessee had not proved the actual rendering of services by these parties to the assessee by way of rendering the foundation services. Admittedly, all these six alleged sub-contractors were only trading in shares and investment companies. The assessee was not able to pr....... + More

  14. 2018 (3) TMI 38

    Calculation of LTCG - Adoption of correct value as per sale deed- Held that - AO has not brought any other material that the assessee has in fact or actually has received the more or excess sale consideration than sale price mentioned in the sale deed. He has only relied upon the value of Stamp authority which has been taken the same for stamp Duty purpose. The AO has not tried to get the actual price if in case of any doubt. Hence,addition made ....... + More

  15. 2018 (3) TMI 36

    Levy of penalty u/s 271(1)(c) - non- deduction of TDS on interest paid to Banks and NBFCs - Held that - Merely because the assessee-company had claimed deduction of expenditure without deducting TDS on interest payment which was not accepted by the Revenue, by itself, would not attract the levy of penalty. Mere disallowance of interest for non-deduction of TDS by itself may not be a ground to levy of penalty against the assessee-company. A.O. in ....... + More

  16. 2018 (3) TMI 35

    Disallowance u/s 14A - Held that - There is no exempt income credited in the P&L a/c during the year under consideration and therefore, no disallowance u/s 14A of the Act was warranted. It is also seen that the assessee company has shareholders funds as on 31.03.2011 to the tune of ₹ 46.81 crores whereas investment in the shares of subsidiary companies is only 15.07 crores. As such the shareholders funds are substantially in excess of amoun....... + More

  17. 2018 (3) TMI 34

    Allowability of Medical expenses for staff - commercial dependency - Held that - In the present case Mr. Anand Sagar, a famous film director is looking after the TV serial direction produced by the assessee company. Thus the well being of such a personality is of utmost important for the business of the assessee company. In the circumstances, keeping the principal of commercial expediency the assessee incurred the expenditure on his hospitalisati....... + More

  18. 2018 (3) TMI 33

    Disallowance u/s 14A r.w.s. 8D - Held that - In the instant case, the assessee had voluntarily disallowed ₹ 21,29,607 by applying all the three limbs of Rule 8D. Hence we are not inclined to get into the availability of own funds as far as applicability of Rule 8D(2)(ii) in the instant case. BR BR Revision u/s 263 - Held that - AO had made elaborate enquiry about the aspect of 14A and had taken a possible view on the same while discussing i....... + More

  19. 2018 (3) TMI 52

    Exclusion of Sales inflation figure from the assessee s income - Special Auditor s Report relied upon - Held that - Merely because the assessee s income was audited by the chartered accountants in regular process, there cannot be unqualified acceptance of the audited figures. But the nature of deletion directed for the residual period, in our opinion was not proper without scrutiny. There is no material from which the Tribunal could reach the con....... + More

  20. 2018 (3) TMI 51

    Penalties levied u/s 271(1)(c) - prosecution u/s 276C - concealment of income - Held that - The basis for initiating proceedings under the Income-tax laws by imposing penalty and on the criminal side by lodging criminal complaint is the same. ITAT has taken into account all the facts and circumstances of the case, plea and explanation furnished by the petitioner and the case of the Department, whereupon it has been held that the petitioner did no....... + More

  21. 2018 (3) TMI 32

    Smuggling - Gold bars - seizure of cash and gold bars - confiscation - Held that - The gold, which was seized as per the stock register on 29.04.2014 is matching as in the closing stock gold weighing 14675.082 gm was available. Thus, the gold weighing 510.220 gm is explained. In the jewellery shop, a cash of ₹ 9,35,900/- is not unusual which is the sale proceeds. Thus, we are of the opinion that the seized gold and cash is not liable to con....... + More

  22. 2018 (3) TMI 31

    Classification of imported goods - Rommelag Bottle Packing Machine - whether classified under CTH 8422 3000 or otherwise? - benefit of N/N. 21/2002 at serial no.237 - Held that - the issue on classification has been settled by this Tribunal in appellant s own case, Nirma Ltd. Versus Commissioner of Customs, Mumbai 2018 (2) TMI 1541 - CESTAT MUMBAI ., that for alteration of declared classification the pre-requisite of justification is absolutely n....... + More

  23. 2018 (3) TMI 30

    Refund of SAD - Department was of the view that after cutting/sawing the timber logs into various smaller sizes it looses the original character and hence the sale of sawn timbers cannot be considered to be sales as such accordingly refund under the N/N. 102/2007-Cus is inadmissible - Held that - it becomes difficult to reconcile the invoices issued with the Bills of Entry wise. But, there is no variation in the total quantity imported and sold b....... + More

  24. 2018 (3) TMI 29

    Revocation of CHA License - Jurisdiction of Tribunal, when matter is pending before High Court - Held that - the appellant cannot enjoy two remedies at two different forum. When matter is subjudice before the Hon ble High Court then against the same point and against the same cause this Tribunal has no jurisdiction - appeal dismissed being not maintainable........ + More

  25. 2018 (3) TMI 28

    Classification of goods - Network Switches - It claimed that such switch was only useable in the local area network which was rightly classified under CTH 8471.80, but for no reason, department disturbed the classification to bring the same under CTH 8517.50 - Held that - It is settled principles of law that in classification, the onus is on the Department to prove that the classification claimed by the assessee is incorrect based on evidence and....... + More

  26. 2018 (3) TMI 27

    Change in classification of goods - Pre-shipment inspection certificate dated 29.02.2008 declaring the description of the goods as scrap was not relied by Customs - Held that - It is settled principle of law that when Revenue intends to change classification, reason thereof should be brought to record and informed to the assessee to defend its case - Declaration of appellant in respect of description of goods supported by Pre-shipment inspection ....... + More

  27. 2018 (3) TMI 26

    Compounding of alleged offence for violation of Sections 96 and 99 of the Companies Act, 2013 - Held that - This court possesses necessary jurisdiction to grant permission for compounding of such offence in those cases wherein no punishment of imprisonment or punishment with fine alone. Which is not the case of present petitioner as the contravention of the provision of Sections 96 and 99 of the Companies Act are not attracting punishment of impr....... + More

  28. 2018 (3) TMI 57

    Production of the certificates on completion of the project - Violation of order of Moratorium - Insolvency Resolution Process - Held that - Having heard learned counsel for the parties, we are of the opinion that the handing over or showing any document to any party will not amount to violation of order of Moratorium . BR BR In view of such observation, learned counsel for the Resolution Professional sought permission to withdraw this appeal. Pr....... + More

  29. 2018 (3) TMI 25

    Validity of SCN - tax liability with interest and penalty paid before issuance of SCN - Held that - Since the entire tax liability along with interest and penalty has been paid during the investigation and before the SCN, thereafter u/s 73(3) of the FA, the Revenue should not have issued the SCN because the Revenue has not been able to bring on record any evidence to show that there was intention to evade payment of service tax - appeal allowed -....... + More

  30. 2018 (3) TMI 24

    Non-compliance with pre-deposit - appellant has placed on record the proof of the pre-deposit of the said amount as per the direction of the Commissioner (Appeals) within the time given by him - Held that - dismissing the appeal for non-compliance of pre-deposit is not sustainable in law as the appellant has in fact complied with the order passed by the Commissioner (Appeals) regarding the pre-deposit - we set aside the impugned order and remand ....... + More

  31. 2018 (3) TMI 23

    Refund of service tax paid on the services rendered in the SEZ area - rejection on the ground that they were filed beyond the period of limitation as also on the ground that they were not required for authorized operations - Held that - the delay in fling refund claims before the authorities is 14 96 days from the date of payment of Service Tax - all these refund claims after 1.3.2011 on this date N/N. 17/2011-ST came into existence and supersede....... + More

  32. 2018 (3) TMI 22

    Business Auxiliary Services - Revenue by entertaining a belief that since such services were being provided in India by the appellant, they are liable to service tax under the category of business auxiliary services - Held that - In the case of Microsoft corporation (India) (P.) Ltd. 2014 (10) TMI 200 - CESTAT NEW DELHI (LB) , the majority decision of the Tribunal held that promotion of a foreign company in India has to be held as export of servi....... + More

  33. 2018 (3) TMI 21

    Taxability of services - advertising services - appellant took a stand that all the services being provided by them were not taxable services and as such no tax was being paid on the same - Held that - there are are general grounds without referring to any distinct services having been provided by appellant, falling under the category of non-taxable services - Inasmuch as the said issue raised by the appellant has not been considered by the Lower....... + More

  34. 2018 (3) TMI 20

    Refund of service tax - denial on the ground that the appellant has not produced any evidence to show that the Port Service Providers were authorized by the Port to provide such services, as also on the ground that in some of the cases the service categories were shown to be in than the invoices - Held that - the issue stands covered by the Tribunal s decision in the case of SRF Ltd. Versus Commissioner of Central Excise, Jaipur-I 2015 (9) TMI 12....... + More

  35. 2018 (3) TMI 19

    Classification of services - services of the nature of loading & unloading of goods, breaking & segregation and also transportation of goods by road services - Held that - the activities carried out by the assessee-Respondents are primarily transportation of goods and loading & unloading etc. which are incidental to the transportation of goods. Such activities cannot be covered within the services of Cargo Handling - appeal dismissed ....... + More

  36. 2018 (3) TMI 15

    CENVAT credit - capital goods - M.S. Channels, M.S. Angles, M.S. Beams, M.S. Plates, S.S Plate etc - Held that - identical 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 it was held that applying the User Test to the facts in hand, we have no hesitation in holding that the structural items used in the fabrication of supp....... + More

  37. 2018 (3) TMI 14

    Valuation - appellants argued that they are actually selling the goods at the factory gate and not clearing the same to their depots - Section 4(1)(a) of the Central Excise Act, 1944 - Held that - Since the sole defence of the appellant that the goods were not sold at the factory gate is unsubstantiated and was never raised before the original adjudicating authority or before the first appellate authority, the same cannot be allowed to be raised ....... + More

  38. 2018 (3) TMI 13

    CENVAT credit - credit on Aluminum extruded Profiles availed on the basis of five invoices issued by the Silverline Metals, Bhavnagar, though they have received Aluminum scrap - Held that - the appellant had received Aluminum Extruded Profiles which is considered by than as Aluminum waste and scrap as consumption in the factory premises is not being disputed - the confirmation of the demand of cenvat credit as ineligibly availed is incorrect and ....... + More

  39. 2018 (3) TMI 11

    Refund claim - case of appellant is that they have wrongly paid an amount of 6% of the value of the exempted goods cleared for export - Held that - the issue is no more res integra and is covered by the decision in the case of Sharp Menthol India Ltd. s case 2011 (4) TMI 27 - BOMBAY HIGH COURT , where it was held that the assessee was entitled to avail the CENVAT credit of duty paid on menthol used in the manufacture of exempted menthol crystals ....... + More

  40. 2018 (3) TMI 12

    CENVAT credit - inputs on which credit taken was written off - whether the appellant are required to reverse the credit availed on inputs alleged to have been written off in their books of accounts in accordance with Rule 3(5B) of CCR 2004? - Held that - there is no evidence to the effect that the inputs whose value had been written down had been removed from the factory. Thus, reducing the value of the raw materials keeping in view the accountin....... + More

  41. 2018 (3) TMI 10

    Valuation - includibility - tooling/patterns which were first sold to customers of components and the same are used in the manufacture of plastic components - Rule 6 of Central Excise Valuation (Determination of Price Excisable Goods) Rules, 2000 - Held that - after purchase of tooling by the customers it became the property of the customer and when the same was used by the appellant it was supplied the customer free of cost to the appellant, the....... + More

  42. 2018 (3) TMI 9

    Change in classification of goods - unless and until the classification list is finalized, whether the Show Cause Notice can be issued to the appellant to change their classification of goods? BR BR Held that - Admittedly, the appellants were filing classification list which were assessed provisionally, in that circumstances, the show cause notice cannot be issued to the appellant to change the classification of goods, unless and until the classi....... + More

  43. 2018 (3) TMI 8

    Refund of unutilized CENVAT credit - appeal not preferred against Revenue - Held that - As against the order dt 1.10.2012, no appeal has been preferred by the Revenue. The order of the First Appellate Authority dtd 1.10.2012 has attained finality in respect of the litigation entered by the appellant and the amounts lying in balance in the Cenvat account - Further litigation which has been entered into by the lower authorities by going into merits....... + More

  44. 2018 (3) TMI 7

    CENVAT credit - input services - Revenue was of the view that since the said input services are being used by the appellant for the sale of their own manufactured goods as well as under the trading activities, they are not entitled to the Cenvat Credit relatable to the trading activities - Held that - Tribunal in the case of Tricity Auto Vs. CCE, Chandigarh-II 2016 (4) TMI 1172 - CESTAT CHANDIGARH , where it was held that common input services us....... + More

  45. 2018 (3) TMI 6

    Refund of excess duty paid - denial on the ground that cenvat credit availed on Servo Chainkote by the LPG bottling plants had not been reversed, the CAS-4 certificated submitted by the appellant has not been accepted by the department and that the claims are hit by unjust enrichment and time bar. BR BR Held that - All the relevant materials are now available with respect to costing of the LPG, CAS-4 certificate in respect of the product in quest....... + More

  46. 2018 (3) TMI 5

    CENVAT credit - common inputs used in the manufacture of their dutiable final products as well as exempted final products - non-maintenance of separate records - Rule 6(3)(b) of CCR 2002 - Held that - appellant assessee have cleared under chapter X procedure or on the basis of CT-2 certificates - following the decision in the case of CCE Vs. SRF Ltd 2003 (11) TMI 5 - CESTAT NEW DELHI , where it was held that the clearance under Chapter X or under....... + More

  47. 2018 (3) TMI 4

    Clandestine manufacture and removal - 425 Transformers - demand on the ground that the goods have not been mentioned in the RG-1 register - Held that - the Revenue in their memo of appeal have not been able to rebutt the findings given by the Lower Authorities - Admittedly, there is no evidence of clandestine removal of the goods; as also that the excess found transformers lying in the factory premises were meant for clandestine removal. BR BR In....... + More

  48. 2018 (3) TMI 1

    Jurisdiction - petitioner submitted that the issue involved in these writ petitions is mismatch and such issue is already covered by the decision of this Court in M/s. JKM Graphics Solutions Private Limited Versus The Commercial Tax Officer 2017 (3) TMI 536 - MADRAS HIGH COURT - Held that - considering the fact that the Assessing Officer has to re-do the assessment, in view of the above said decision of this Court, this writ petitions are allowed....... + More

  49. 2018 (3) TMI 2

    Maintainability of petition - completion of reassessment proceedings - By the impugned Endorsements Annexure-A1 dated 17.01.2018 and Annexure-A2 dated 01.02.2018 respectively, the 3rd Respondent-Deputy Commissioner of Commercial Taxes (Audit & Recovery)-5, Mangalore, has called upon the petitioner to appear before it within a period of seven days thereof and conclude the reassessment proceedings for the aforesaid Four Assessment Years. BR BR ....... + More

  50. 2018 (3) TMI 3

    Demand of Interest on account of the alleged delayed payment - Held that - once the petitioner has been permitted to pay the arrears in instalments, in compliance of the order, dated 27.08.2004, made in W.P(MD)No.787 of 2004 and in the absence of any challenge made to the said order and thereby it has reached its finality, the impugned demand notice with regard to levy of interest, in the considered opinion of this Court, is unsustainable. BR BR ....... + More

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