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TMI Updates - Newsletter dated: March 7, 2018



  1. Income Tax : Cancellation/withdrawal of the Certificate issued u/s 197 - non furnishing of copy of the reasons recorded was a flaw in the decision making process. - Thus, making the impugned order unsustainable. - HC

  2. Income Tax : Registration u/s. 12A - As most of the expenditure is held for the benefit of a particular community or a religious group called ‘SAMAJ families’ and so, we are of the opinion that the Trust is not created for charitable or religious purposes for general public. Accordingly, it is not entitled for registration. - Tri

  3. Income Tax : Income from share trading - since long and major source of income is from trading in shares only and if such assessee subsequently opts to show transactions of purchase and sale of shares as capital gains and simultaneously also shows trading in shares then both the things cannot go together unless otherwise demarketed with proper records - Tri

  4. Income Tax : Levy of penalty u/s 271B - delay in submission of the tax audit report - ill health leading to acute physical trouble - assessee has indeed adduced proper reasons and is entitled for immunity in terms of Section 273B - Tri

  5. Customs : Transshipment of ship stores - Merely because as on the date of transfer of ship stores to the newly built vessel SV Shivam, which was not ready for voyage, the transfer of ship stores under Section 86 and later consumed on board as per Sec. 87, becomes incorrect and duty could be recovered on the ship stores, cannot be sustained. - Tri

  6. Customs : CHA - Penalties u/s 112(a) and 114AA of CA, 1962 - for penalty under the Customs Act, 1962, it is apparent that mere filing of Bill of Entry without the knowledge or a role in the importation of cargo is not sufficient. - Tri

  7. GST - States : Clarification about the rate of tax on items of HSN 6802 - Some items would be levied @12% and others @18% - WORKED MONUMENTAL OR BUILDING STONE (EXCEPT SLATE) AND ARTICLES THEREOF

  8. Service Tax : Levy of service tax - receipt of commitment charges - commitment charges are in the nature of interest on unutilized portion of credit facilities - merely by accounting the same as guarantee commission, the amount received cannot be subjected to levy of service tax if the nature of the amount received is not a commission but interest of unused credit. - Tri

  9. Service Tax : Business Auxiliary Service - receipt of franking charges - The depiction of the latter as a client is not consistent with this reality and the categorisation under Section 65(19)(vi) fails the test of rationality. - Tri

  10. Service Tax : Levy of Service tax - commission paid to them by airlines for booking cargo space - commission earned by the assessee while acting on behalf of the exporter and mark-up value was of freight charges are not to be considered as commission - Tri

  11. Service Tax : CENVAT credit - The definition of input services during the period had wide ambit as it included the words activities relating to business. The credit is eligible on the said services if the same are used for providing output services - credit allowed. - Tri

  12. Central Excise : Classification of software - computerized equipment / machinery - software which is supplied separately for loading cannot be considered as part and parcel of the machines / equipments - Tri

  13. Central Excise : Valuation - deduction of notional profit where value of bought out items is included - Since there is no justification to include the make of bought out item, there can be no objection to the notional profit being deducted from the assessable value. - Tri

  14. Central Excise : Re-credit of amount of duty paid in excess through PLA - suo moto credit can be taken if duty is paid twice as excess duty paid is not a duty and same is deposit - Tri



Circulars / Instructions / Orders

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Case Laws:

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Party Name, Court Name, Date of Decision, Full Text of Headnote, Decision etc.

  1. 2018 (3) TMI 137

    Disallowance u/s 14A - Held that - The assessee has earned dividend income of ₹ 13,51,268/-. There is an investment in equity shares of ₹ 3,80,35,247/-. There have been regular transactions of purchase and sale of shares and no specific expenditure has been disallowed suo moto in the return of income. It is beyond imagination that the assessee has not incurred any expenditure. Even through the method provided in Rule 8D read with rule....... + More

  2. 2018 (3) TMI 138

    Reopening of assessment - gain on arising on transfer of capital asset - period of holding - Held that - Assessee filed return of income without admitting any capital gain nor there is any mention in the return about the development agreement entered by assessee. The information has come to the knowledge of the AO consequent to the survey proceedings in M/s. Diamond Infra which led to the reopening of assessment u/s. 147 not only in assessee s ca....... + More

  3. 2018 (3) TMI 139

    Non granting the registration u/s. 12A - change of objects - proof of charitable activities - purpose of establishing the SAMAJ - Held that - As can be seen there is difference only re numbering the aims and objects originally formed. The main aim of achieving alround welfare and unity among the families residing in Hyderabad had been renumbered as (A) so as to make it only as one of the objects by the revised draft. BR BR However, as approved in....... + More

  4. 2018 (3) TMI 140

    Revision u/s 263 - Eligibility to deduction claimed u/s 10B - Held that - On verification of the assessment order, it is observed that the assessing officer has examined the issue whether the assessee is carrying on consultancy work or engaged in the manufacturing of computer software. In the reply submitted by the assessee before the A.O. which was reproduced above, the assessee submitted that the it is engaged in the Data processing and Remote ....... + More

  5. 2018 (3) TMI 141

    Profit earned on the sale of impugned property - capital gain or busniss property - Held that - In assessment year 2008-09 the land devolved on the assessee from his father has already been accepted as a capital asset . The entire conspectus of facts on record also bring out that there is nothing to suggest that assessee has undertaken any business activity vis- -vis the impugned plot of land, so as to construe the profit on its sale as business ....... + More

  6. 2018 (3) TMI 142

    Levy of penalty u/s 271(1)(c) - non specification of charge for the propose of the levy of penalty in the notice - 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 inappropriate wor....... + More

  7. 2018 (3) TMI 143

    Depreciation on estimated income - Held that - In this case the income was computed estimating the income @ 8% on total receipts. CIT(A) has directed the A.O. to make the addition of depreciation as per law after giving opportunity to the assessee. Therefore, the CIT(A) has followed the law laid down by the higher judicial forum allowed the appeal of the assessee. In the assessee s case for the assessment year 2008-09, the jurisdictional Tribunal....... + More

  8. 2018 (3) TMI 144

    Penalty proceedings u/s 271(1)(c) - non specification of charge for the propose of the levy of penalty in the notice - 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 inappropriate....... + More

  9. 2018 (3) TMI 145

    Levy of penalty u/s. 272A(2)(k)/274 r.w.s. 200(3) - delay of 380 days in filing of quarterly return of TDS - furnishing e-TDS for first quarter in Financial Year 2010-11 belatedly - Held that - The reasonable cause for filing belated return of levy of penalty u/s. 272A(2)(k) of the Act can be considered u/s. 273B of the Act. Nothing has been brought on record before us by the Department that in the subsequent quarters of Financial Year 2010-11 th....... + More

  10. 2018 (3) TMI 146

    Addition on account of interest on Non Performing Assets - assessee is following the mercantile system of accounting - Held that - As decided in assessee s own case 2016 (2) TMI 36 - ITAT PUNE No disallowance of interest accrued on NPAs is warranted. The provisions for dividend made earlier was not a charge action profits but it was appropriation of the profits available post taxation. Assessee bound by Reserve Bank of India directions to treat d....... + More

  11. 2018 (3) TMI 147

    Disallowance of interest being a notional interest on the interest free advance - Held that - The assessee has stated that it was having sufficient amount to give advance free loans to Mrs. Preeti Sharma and Mr. Rijwan Khan. In support of this, the assessee has drawn our attention to the paper book page no.11, where the balance sheet as on 31.3.2009 is enclosed. On the said balance sheet, it is evident that the assessee was having sufficient bala....... + More

  12. 2018 (3) TMI 148

    Eligible for exemption u/s 10(23C)(vi) - Denying the benefit of exemption to the assessee and u/s 11(1)(a) - Held that - We find that the CBDT vide Circular No. 07/2010 dated 27.10.2010 clarified that any approval issued on or after 1.12.2006 under sub-clause (vi) or (via) of section 10(23C) would also be a one-time approval which would be valid till it is withdrawn. AO while denying the claim of the assessee, has relied on the order of the CCIT ....... + More

  13. 2018 (3) TMI 136

    Addition u/s.69A - unexplained cash - Held that - Admittedly, there were cash deposits of ₹ 10,08,900/- in the bank account of the appellant. The source of major part of cash deposits i.e. ₹ 8,50,000/- has been explained as withdrawals from the bank account of unmarried working daughter. In order to verify, this claim of the appellant, appellant was directed by the officer of the department to submit bank account copies of the daughte....... + More

  14. 2018 (3) TMI 135

    Penalty u/s 271(1)(c) - addition on unrecorded sales - validity of 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 does not strike out the inappropriate words. In these circumstances, we are of the view that imposition of pen....... + More

  15. 2018 (3) TMI 134

    Section 54EC deduction claim disallowed - Assessee jointly sold the capital asset in question in the relevant previous year on 26.10.2010 for ₹ 6,60,00,000/-. His 1/3rd share therein was of ₹ 2,20,00,000/-. He thereafter invested ₹ 1crore (supra) in NHAI bonds to claim Section 54EC deduction - decline of deduction as the said statutory provision caps the re-investment amount to ₹ 50lacs only, therefore restrict assessee s ....... + More

  16. 2018 (3) TMI 85

    Registration u/s 12AA refused - as per CIT-A there was no cogent or corroborative evidence to prove the genuineness of activities - Held that - In the present case, undoubtedly the objects of the assessee are charitable in nature and the assessee is running a school for achievement of its objects as given in the bye-laws. Therefore, the registration cannot be denied by holding that the activities of the assessee were not genuine. In view of the a....... + More

  17. 2018 (3) TMI 133

    Disallowance of license fee/royalty paid by the appellant in pursuant to agreement for use of Brand Name ARA LAW - Held that - In the absence of any material to repudiate the Name Licence agreement dated 18.03.2004 or challenge its bona fide, the disallowance is unsustainable. Secondly, the fact that the Annual Accounts have been drawn and in the Profit & Loss Account, the payment of royalty to the founder partner has been claimed as a deduct....... + More

  18. 2018 (3) TMI 132

    Grant of registration u/s 12AA and u/s 80G(5)(vi) rejected - Held that - As stated by the assessee before us that at the time of filling applications, the Assessee annexed the following documents with duly filled Form No. l0A and Form No. 10G BR BR (i) Complete sets of Audited Balance Sheet and Audit Report for the Assessment Years 2012-13,2011-12 and 2010-11; (ii) Memorandum of Association and Rules & Regulations of the trust;(iii) Certifica....... + More

  19. 2018 (3) TMI 131

    Undisclosed contract receipts - Held that - CIT(A) has analyzed the relevant record and found that the claim of the assessee is not correct as all these expenses on account of direct purchase and sales tax deduction and interest have already been taken under consideration while preparing the profit and loss account. Once the claim of the assessee that the difference is on account of books adjustment entry is found to be wrong and contrary of the ....... + More

  20. 2018 (3) TMI 130

    Levy of penalty u/s 271B - delay in submission of the tax audit report - filing return of income belatedly - Held that - We find that in the instant case, the assessee had indeed given substantial reasons for the delay in submission of the tax audit report, even though the said report was duly obtained within time on 30.09.2008. Reasons adduced by the assessee for the delay are not reiterated herein for the sake of brevity. Authorities that the r....... + More

  21. 2018 (3) TMI 128

    Transshipment of ship stores - Whether the appellants are required to discharge the customs duty on the transshipment of the ship stores from the vessel MSV Sundaram to SV Shivam belonging to the same owner? BR BR Held that - A plane reading of the Sec.86 of the Customs Act,1962 reveals that it is not required that the ship stores at the time of transfer is necessarily be to another foreign going vessel only, but, on the contrary, it would suffic....... + More

  22. 2018 (3) TMI 127

    Mis-declaration of value and description of imported goods - M.S. Turning & Boring - Held that - the impugned goods had been mis-declared by the appellant, which was detected at the time of examination of goods. The report of Chartered Engineer and the United Solutions Laboratory has brought out the percentage of both categories of goods namely the turning and boring scrap and the iron powder - the adjudicating authority is required to re-det....... + More

  23. 2018 (3) TMI 126

    Confiscation of imported vehicle - import of one unit of second hand used Mitsubishi Pajero Vehicle with engine capacity of 2835 CC and 1993 model under Transfer of Residence facility - allowance of Depreciation - Held that - the Tribunal had given directions to grant 70% depreciation on the value of the car while determining its assessable value. Since that Tribunal order has not been stayed or set aside by a higher appellate forum, the order be....... + More

  24. 2018 (3) TMI 125

    Revocation of CHA License - forfeiture of security deposit - 200 cartons of foreign brand cigarettes were found concealed behind the declared goods - Held that - DRI had intercepted the consignment covered under Bill of Lading dt. 29.09.2015 imported by M/s.Prince Traders even before filing of Bill of Entry. This aspect has been taken note of in the Inquiry Report dt. 08.04.2016 pursuant to proceedings under Regulation 20 of the CBLR, 2013 - the ....... + More

  25. 2018 (3) TMI 129

    Benefit of duty drawback - time limitation - Condonation of delay in filing appeal - case of petitioner is that it was unaware of the fact that it could have availed duty drawback benefits - Held that - Since, the appeal which the petitioner intends to file is beyond the period of 45 days prescribed under Section 15 of the 1992 Act, the Appellate Authority will condone the delay qua the period spent by the petitioner, in this court as well as the....... + More

  26. 2018 (3) TMI 124

    Benefit of N/N. 46/2011-Cus. - rejection of benefit on the grounds that the goods had been exported by M/s. Panasia International Limited, Dubai under Invoice Nos. 0361/13-14, 0362/13-14, 0392/13-14 all dated 31.3.2014, who however are in no way connected with the AIFTA certificates - Whether the AIFTA certificates produced by the appellant can be accepted for the purpose of availing duty exemption benefits under N/N. 46/2011, when the related co....... + More

  27. 2018 (3) TMI 123

    Penalties u/s 112(1) of the CA 1962 - it was alleged that the appellant has imported the goods in question having cigarettes and eatables which are not permissible - absolute confiscation - Held that - it is not coming out that the appellants have claimed themselves to the owner of the said goods although bill of lading is in the name of the M/s Dev International. But it is not coming from the fact that M/s Dev International has imported the said....... + More

  28. 2018 (3) TMI 122

    Confiscation - Gold Bars - contraband item - Baggage Rules - Held that - the appellant vide his statement under Section 108 of Customs Act, 1962 has conceded that he brought the gold bars for one Mr. Habeeb who has paid him ₹ 25,000/- in addition to his travel expenses - the appellant was searched in the presence of the Gazetted officers and he was found concealed this gold bars in his socks which he was wearing and was trying to exit from ....... + More

  29. 2018 (3) TMI 121

    CHA - Penalties u/s 112(a) and 114AA of CA, 1962 - illegal import of goods - Held that - since the penalty u/s 114AA is dropped against the main importer and there is no material evidence against the present appellant Shri Ajith P to impose penalty u/s 114AA, I also drop the penalty against him. BR BR There should be a clear evidence to come to the conclusion that the appellants by their specific act or omission or any act abetted the illegal imp....... + More

  30. 2018 (3) TMI 120

    Refund claim - unjust enrichment - bank guarantees have been encashed effecting recovery - Held that - in the judgment of the Hon ble Gujarat High Court order dt 28.4.2016, the appellants were allowed to furnish further documents to cross the hurdle of unjust enrichment before the Adjudicating Authority - the matter needs to be remanded to the Adjudicating Authority to decide the issue on the basis of the outcome of the pending SLP before Hon ble....... + More

  31. 2018 (3) TMI 119

    Violation of provisions of FEMA - cross-examination of the witnesses other than the IO - Held that - The application made to the Special Director in the course of proceedings in this case (dated 21.12.2017), is part of the record. No doubt, the appellant sought the Investigating Officer s cross-examination inasmuch as, according to him, examination as to the conclusion in his report was necessary. BR BR The appellant, at the same time requested f....... + More

  32. 2018 (3) TMI 117

    Recovery of dues - contractual dispute between parties - notice dated 22.04.2015 under Section 87 of the Finance Act, 1994 which requires the petitioner- RSMML to pay an amount of ₹ 2,74,81,739/- in discharge of the petitioner s liability under Section 87 of the Finance Act, 1994 - due to this liability, what will be impact of the notice dated 22.04.2015 given by the Central Excise Division concerned to the present petitioner-RSMML? BR BR H....... + More

  33. 2018 (3) TMI 118

    Recovery of Loan amounts - validity of actions taken by the appellant against the contesting respondents under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - arbitration clauses - doctrine of election - rejection of applicability of the doctrine of election by holding that simply because remedy under the provisions of the DRT Act was availed would not mean that the fina....... + More

  34. 2018 (3) TMI 116

    Levy of service tax - commitment charges - Board vide Circular dated 10.9.2004 - Held that - It is brought out from the records that while paying commitment charges the subsidiary companies deduct TDS considering it to be payment of interest. The Board vide its Circular dated 10.9.2004 has clarified that no service tax is leviable on interest in the category of Banking and Financial service. The respondent is receiving 2% as guarantee commission ....... + More

  35. 2018 (3) TMI 115

    Air Travel Agent Service - activity included in booking of air tickets for their customers - whether the appellants are liable to pay service tax on the incentives received for using Computer Reservation System? - penalties. BR BR Held that - the issue decided in the case of D. Pauls Consumer Benefit Ltd. Versus CCE, New Delhi 2017 (3) TMI 1019 - CESTAT NEW DELHI , where it was held that These computers are connected worldwide to the GDS/CRS, whi....... + More

  36. 2018 (3) TMI 114

    Business Auxiliary Service - whether the franking charges and the rebate received by the appellant can be subject to levy of service tax? BR BR Held that - the issue stands covered by the decision in the case of United Mailing Services, Sai Mailing Services Versus Commissioner of Service Tax, Mumbai 2016 (3) TMI 572 - CESTAT MUMBAI , where it was held that the transaction of franking or usage of the postal service is solely between the appellants....... + More

  37. 2018 (3) TMI 113

    Levy of Service tax - commission paid to them by airlines for booking cargo space - whether the appellants are liable to pay service tax on the rebate / incentive received from exporters / clients for booking space for cargo? - Held that - similar issue decided in the case of M/s. Skylift Cargo (P) Ltd. Versus Commissioner of Service Tax, Chennai And (Vice-Versa) 2018 (2) TMI 320 - CESTAT CHENNAI , where it was held that mere sale and purchase of....... + More

  38. 2018 (3) TMI 112

    Clearing and Forwarding Agency Service - abatement - Whether the service rendered by the appellant is a composite service under C&F Agency Service or whether these are separate services so as to levy service tax separately? BR BR Held that - The name of the consignee is shown as M/s. HUL. Thus the appellant has furnished necessary document before the authorities below to show that HUL has discharged service tax liability on GTA service. In that c....... + More

  39. 2018 (3) TMI 111

    Valuation - reimbursement charges - Board Circular dated 21.12.2009 - whether the exclusion sought as reimbursable expenses from the gross received is legally correct or not? - Held that - The Tribunal in the case of International clearing & Shipping Agency Pvt. Ltd. Vs. CST, Chennai 2011 (5) TMI 100 - CESTAT, CHENNAI , has held that reimbursable expenses is not to be included in the total value of taxable services - appeal dismissed - decide....... + More

  40. 2018 (3) TMI 110

    Classification of services - The stand of the Revenue is that such activities will fall under the category of Event Management Services w.e.f. 01.10.2002 and further under the BAS with effect from 01.07.2003 - Held that - There is no dispute that the activities of the appellant are squarely covered within the definition of Public Relation Services , which was made taxable w.e.f. 01.05.2006 - the activity of the respondent does not fall within the....... + More

  41. 2018 (3) TMI 109

    CENVAT credit - advertising agency service - inputs/capital goods - Held that - Admittedly, the display panels stainless steel box, power meter, electrical equipment, steel framework, mobile toilets, police booth are all clearly items which are specifically will fall under input used by the provider of output service. These cannot be considered as immovable capital goods. As such, there could be no legal or factual basis for denial of credits on ....... + More

  42. 2018 (3) TMI 108

    CENVAT credit - various input services - improperly availed CENVAT credit - Held that - identical issue has attained finally in the hands of4 the Tribunal in the appellant s own case Excellence Data Research Pvt. Ltd. Versus Commissioner of Central Excise, Customs and Service Tax Hyderabad 2017 (5) TMI 1300 - CESTAT HYDERABAD , where it was held that the period involved is prior to 01/04/2011. The definition of input services during the period ha....... + More

  43. 2018 (3) TMI 107

    Refund claim - denial on the ground that the services for which they have claimed refund are not input service in terms of Rule 2(l) of CCR 2004 - Held that - no SCN has been issued to the appellant to deny CENVAT credit on the services in question at the time of availment - in the light of the decision in their own case M/s EXL Service. Com (India) Pvt. Ltd. Versus Commissioner of Central Excise, Noida 2017 (8) TMI 1002 - CESTAT ALLAHABAD , the ....... + More

  44. 2018 (3) TMI 106

    CENVAT credit - common input services used for providing both the category of services - Rule 6(3) of the CCR 2004 - Held that - upon appreciation of the records maintained by the appellant, the adjudicating authority has dropped the SCN and also confirmed /appropriated the amount which was subsequently paid by the appellant. Thus, the original order passed upon appreciation of facts on record cannot be ignored to arrive at the conclusion that th....... + More

  45. 2018 (3) TMI 105

    Short payment of service tax - advertising agency services - CBEC circular dated 31.10.1996 - Held that - the adjudicating authority while analysing the Board Circular No.341/43/63-TRU dated 31.10.1996 has completely misread the said circular. Para 4 of the circular clearly lays down that the amount paid by the advertising agency for space and time in getting advertisement published and broadcast in print/electronic media will not be included. BR....... + More

  46. 2018 (3) TMI 102

    CENVAT credit - various input services related to dumping of waste- denial on the ground of nexus - Held that - as the waste which arises during the course of manufacture of the final product is required to be dumped by the appellant. Without dumping the waste, no further manufacturing activity can take place and it is essential to dump the said waste as per the direction of Pollution Control Board - although said service has been availed by the ....... + More

  47. 2018 (3) TMI 100

    CENVAT credit - case against the appellant is that common input services for trading which, with effect from 1st April 2011 was incorporated as exempt service in rule 2(c) of CENVAT Credit Rules, 2004 should not have been availed of in CENVAT credit account - Held that - No attempt has been made in the SCN to isolate the value of the service on which alone liability under rule 6(3) (i) of CCR 2004 could be applied - It is certainly not the intent....... + More

  48. 2018 (3) TMI 101

    CENVAT credit - capital goods - drums/barrels - Held that - inputs used in any activity pertaining to manufacturing process would be entitled to CENVAT credit and likewise the definition of capital goods is of sufficiently wide coverage to include storage tanks - There is no dispute that the drums /barrels procured by the appellant and are mobile storage tanks for transporting raw materials from the supplier to the appellant. While this may not c....... + More

  49. 2018 (3) TMI 99

    CENVAT credit - M.S. Flats used for earthing and connecting of 66KV Switch yard - pre-fabricated windows and doors used in the factory - Hardener chemicals used mainly for flooring in the factory for holding structural of capital goods - machines tools and accessories for fabrication of capital goods in the factory - Held that - identical issue decided in the case of Singhal Enterprises Pvt. Ltd. Vs. Commissioner of Central Excise & Customs, ....... + More

  50. 2018 (3) TMI 98

    100% EOU - Clandestine removal - case of Revenue is that the documents have not been verified properly - Held that - for limited purpose to examine the genuineness of the documents, we set aside the impugned order and remand the matter to the Original Authority - appeal allowed by way of remand........ + More

  51. 2018 (3) TMI 97

    Valuation - deduction of notional profit where value of bought out items is included - Department was of the view that the appellant was required to pay duty on the price arrived at after deducting the landed cost of the bought out items and post removal expenses i.e. transportation, insurance, packing, forwarding, stacking, loading and unloading charges - Held that - Since this material is not manufactured by the appellant but only supplied alon....... + More

  52. 2018 (3) TMI 96

    Clandestine removal - excess stock - Ceramic Glazed Floor Tiles - goods not accounted in the RG-1 register - Held that - In the Panchnama as well as in the statement though it has been recorded that these goods were found in excess, however nowhere the appellant nor the representative has admitted to have stored this excess quantity of goods meant to be cleared clandestinely without payment of duty, nor any evidence in this regard brought on reco....... + More

  53. 2018 (3) TMI 95

    Valuation - includibility - bought out items known as BPL Kits - Held that - identical issue decided in the case of M/s TGL Enterprises Pvt Ltd Versus Principal CCE, Delhi And (Vice-Versa) 2018 (1) TMI 108 - CESTAT NEW DELHI , where it was held that there is no BPL Kit commercially known and marketed. The clearances made by the appellant-assessee to the various clients as per their requirement are not any new manufactured product, commercially id....... + More

  54. 2018 (3) TMI 94

    Valuation - abatement of duty - Held that - It is an admitted fact that the Revenue has not filed any appeal against decision of the Tribunal dt. 03/10/2006 which became final as far as appellants are concerned - further, the Commissioner(Appeals) has wrongly held that determination of ACP was not an issue before the lower authority whereas it was an issue and the commissioner (Appeals) within a period has determined the capacity on provisional b....... + More

  55. 2018 (3) TMI 93

    100% EOU - Refund claim - rejection on the ground of time limitation and also on the ground that the appellant has not fulfilled the conditions laid down under para 3(a) of N/N. 05/2006 - Held that - in the absence of submission of Shipping Bills/Bill of Export it is not possible to grant the refund as the relevant date for one year of period of limitation has to be computed from the date of Shipping Bill/Bill of Export which has not been done in....... + More

  56. 2018 (3) TMI 92

    CENVAT credit - manufacture of taxable as well as exempt goods - time limitation - Held that - it is surprising to note both the lower authorities has recorded the findings on limitation against the appellant, only on a very flimsy reasoning that the audit party may not have produced all the records - It is tantamount to nothing but reaching a conclusion that the impugned order is incorrect and liable to set aside. BR BR Penalty - Held that - the....... + More

  57. 2018 (3) TMI 91

    Recredit/refund - Re-credit of amount of duty paid in excess through PLA - it was alleged that amount wrongly restored as credit without proper authority - Held that - identical issue decided in the case of M/s. Pushp Enterprises Versus Commissioner of Central Excise Jaipur I 2015 (10) TMI 1651 - CESTAT DELHI , where it was held that suo moto credit can be taken if duty is paid twice as excess duty paid is not a duty and same is deposit - appeal ....... + More

  58. 2018 (3) TMI 90

    Rectification of mistake - specific case of the petitioner is that the determination of the amount payable by them made in terms of Ext.P2 order is incorrect - Held that - In so far as the correctness of Ext.P5 order is the subject matter of the appeal preferred by the petitioner against the same, it may not be appropriate for this Court to go into the merits of the matter. But, on the materials on record, it appears prima facie to this Court tha....... + More

  59. 2018 (3) TMI 88

    Validity of Re-assessment proceedings - Section 39(2) of the KVAT Act, 2003 - time limitation - Held that - this Court is of the opinion that the Re-assessment proceedings u/s 39(2) of the Act on further evidence and information coming to the notice of the prescribed authority is permitted by Section 39(2) of the Act, which clearly envisages of a second or multiple Re-assessments after the initial Re-assessment order is passed u/s.39(1) of the Ac....... + More

  60. 2018 (3) TMI 89

    Maintainability of petition - Input tax credit - Fleet Management Charges - Held that - this Court is of the opinion that the writ petition against the re-assessment order under Section 39(1) of the KVAT Act, 2003 directly cannot be filed before this Court under Article 226 of the Constitution of India by-passing the effective alternative remedies by way of Appeals available to the assessee under the provisions of the KVAT Act, 2003 - petition di....... + More

  61. 2018 (3) TMI 87

    Condonation of delay in filing appeal - Delay has occurred due to the process of getting opinion from the Commissioner s Office - Held that - the appeal has been filed well beyond the further period of 90 days over and above the initial 90 days period, as provided under Section 60 (1) of the Tamil Nadu Value Added Tax Act, 2006 - tax case revision dismissed........ + More

  62. 2018 (3) TMI 86

    Wealth Tax Act provision applicability - question of attracting Deemed Gift provision under Section 4(1) of the Gift Tax Act - Given that M/s Dua Engineering Pvt. Ltd. merely held investments in the industrial plot, at a value that was at the book value, the CIT (A) felt that it needed to be treated as an industrial investment company and proceeded to do so. This approach was affirmed by the ITAT - Held that - In the opinion of this Court both th....... + More

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