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Home Newsletters Index Year 2018 Month 3 Day 8
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TMI Updates - Newsletter dated: March 8, 2018

Highlights

  1. Goods and Services Tax : Benefit of Reduction of late fee in case of delayed filing of FORM GSTR-5A withdrawn.

  2. Goods and Services Tax : E-way bill Rules - Rule 138D as amended - Facility for uploading information regarding detention of vehicle

  3. Goods and Services Tax : E-way bill Rules - Rule 138C as amended - Inspection and verification of goods

  4. Goods and Services Tax : E-way bill Rules - Rule 138B as amended - Verification of documents and conveyances.

  5. Goods and Services Tax : E-way bill Rules - Rule 138A as amended - Documents and devices to be carried by a person-in-charge of a conveyance

  6. Goods and Services Tax : E-way bill Rules - Rule 138 as amended - Information to be furnished prior to commencement of movement of goods and generation of e-way bill

  7. Goods and Services Tax : Availing ITC on stock held as on 30.6.2018 - submission of FORM GST TRAN 2 - Date extended from six months to 31st March 2018, or within such period as extended by the Commissioner, on the recommendations of the Council

  8. Income Tax : The petitioner’s activities are not “commercial activity” within the meaning of clause (b) to Section 10(46) - HC issued directions to the government to accordingly issue the necessary notification under the aforesaid Section in respect of the "specified income" within a period of three months - HC

  9. Income Tax : Reopening of assessment - special audit report as basis for reopening - though the orders of assessment passed u/s 143(3) have sanctity attached, it does not grant immunity to an assessee from proceedings for reopening of assessment year of Section 147 / 148, provided the jurisdictional requirements therein are satisfied, at the time when the reopening notice is issued - HC

  10. Income Tax : Registration u/s. 12A - Exemption u/s 11 - Assessee is doing the charitable work to promote the awareness of universal teaching of SGGS (Shri Guru Granth Sahib) and other religious “Granths” among the general public and in the younger generation, which is very much essential in these days for the betterment of the young generation - registration allowed. - Tri

  11. Income Tax : Penalty u/s 271(1)(c) - The assessee cannot be fastened with the law of penalty without there being a clear specific charge. Fixing a charge should not be in a casual manner and it has not been permitted under the law. - Tri

  12. Income Tax : Claim of deduction u/s 57(iii) - activities undertaken by the assessee club - entrance fee receipt - assessee is not eligible to claim any deduction u/s 57(iii) of the Act over and above the deduction earlier allowed by the Tribunal in assessee's own case to the extent of 7.5%. - Tri

  13. Income Tax : Penalty imposed u/s 221(1) r.w.s. 140A(3) - non-payment of self-assessment tax - without there being any requisite corresponding amendment to Sec. 221 in consonance with the amendments carried out in Sec. 140A(3) w.e.f. 01.04.1989, the AO erred in levying the penalty. - Tri

  14. Income Tax : Addition u/s 14A - ‘net’ interest expenditure - where after setting off interest earned against the interest expenditure no further interest expense remains then disallowance cannot be made u/s 14A of the Income-tax Act, 1961.- Tri

  15. Customs : Refund of IGST on Export– Invoice mis-match cases –Alternative Mechanism with Officer Interface

  16. Insolvency and Bankruptcy : Corporate insolvency proceedings - liability of the guarantee in the books of corporate debtor is in the name of the daughter - the contesting respondents do not come within the meaning of ‘Financial Creditor’ and the application u/s 7 at their instance was not maintainable - Tri

  17. Insolvency and Bankruptcy : IBC - The moratorium order passed by this Tribunal applies in respect of Bank Guarantees other than Performance Guarantees furnished by the Corporate Debtor in respect of its property since it comes within the meaning of ‘security interest’. Respondent No. 1 is not entitled to invoke Bank Guarantees other than that comes within the meaning of performance Guarantees, during Moratorium period. - Tri

  18. Service Tax : Insurance Auxiliary Service - actuary services or not - Surely, the appellant does not possess any of these qualifications nor they have been appointed or registered as actuary. This being so, the main plank of the SCN cannot survive - Tri

  19. Service Tax : Supply of tangible goods for use - no documentary evidence was produced to establish that in respect of the transactions, the VAT payment has been made - matter needs to be reconsidered for verification of the actual payment of VAT.

  20. Service Tax : Liability of service tax - auction of property service - difference between auction and tender - while both sale by tender and sale by auction may have a common intendment of selling the goods, the modalities and the processes involved in each are very different - Tri

  21. Central Excise : Attachment of immovable property - recovery of dues of lessee - Merely because Harshwardhan Exports agreed not to vacate the premises till full export obligations are discharged, would not create any additional right in the property which can be sold for the purpose of recovery of the dues of Harshwardhan Exports. - HC

  22. Central Excise : Classification of goods - fabric based blinds for window covering - of textile fabric / material - coated with a chemical compound which is not predominant in nature - the made up textile articles made out of such fabric and in particular, interior blinds will be correctly classifiable under CET Heading 6303 - Tri

  23. Central Excise : Classification of goods - an individual tile, which has an inherent well defined visible pattern or design contributed by the marble or stone chips mixed in the cement, is without any doubt, a mosaic tile, notwithstanding the fact that the goods are marketed by the manufacturer by using the Trade Name coined by the manufacturer. - Tri

  24. VAT and Sales Tax : Rate of tax - uniform rate of tax or different rate of tax on purchase of goods for use in the works contract - It was open to state legislatures to provide uniform rates of tax on goods involved in the execution of works contracts. Many state legislatures did so. The Karnataka legislature did so with effect from 1.4.2006, not earlier. - SC

  25. VAT and Sales Tax : Inter-state sales - sandalwood - Form-C - Merely because, the petitioner transported the goods outside the State will not bring the transaction within the ambit of the inter state sale - 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 (3) TMI 220

    Revision u/s 263 - setting aside the assessment order by the CIT in respect of land premium - Held that - In the present case, the CIT has directed the Assessing Officer to make necessary examination regarding the extent of land acquired by the assessee with reference to which land premium of ₹ 3,50,00,000/- was demanded and rate at which said land was acquired and to whom the lands were sold and land premium was received and such receipts ....... + More


  2. 2018 (3) TMI 218

    Adjustment of brought forward unabsorbed depreciation before allowing deduction u/s 10A - revision u/s 263 - Held that - Unabsorbed depreciation is not to be reduced while working out deduction u/s 10A of the Act. See case of Canam International Pvt. Ltd. 2015 (2) TMI 108 - ITAT DELHI . The impugned order passed by the learned Pr. CIT u/s.263 of the I.T. Act is not sustainable in the eyes of law. - Decided in favour of assessee....... + More


  3. 2018 (3) TMI 219

    Registration u/s. 12A denied - contents of the trust deed claims the trust to be as only a religious trust and not the educational trust or social welfare trust as shown by the assessee in its submissions during the hearing - proof of charitable activities - Held that - After receiving the Application for grant of registration u/s. 12AA in the prescribed Form, from the Assessee/trust, the Ld. CIT(E) has not proved with the evidences that the Asse....... + More


  4. 2018 (3) TMI 216

    Revision u/s 263 - validity of reference made by the AO to the DVO for the valuation of the property - Held that - The amendments which are being applicable from any date other than first April of assessment year would be applied from the next Assessment Year. BR BR Thus, it is clear that the amendment brought under the statutory provisions of Section 55A of the Act is not applicable in the year under consideration. As the value adopted by assess....... + More


  5. 2018 (3) TMI 217

    Penalty u/s 271(1)(c) - non recording of satisfaction - addition income filed in response to notice issued under section 153A - Held that - The assessee was not entitled to get the benefit of immunity under clause (b). Where voluntary disclosure was made by the assessee and where the statement was not extorted from him, then meaning of expression voluntary was elaborated to hold the said expression voluntary was in the context that the statement ....... + More


  6. 2018 (3) TMI 226

    Reopening of assessment - reasons to believe - special audit report as basis for reopening - Held that - Petitioner cannot take shelter of the first proviso to Section 147 of the Act. Further the reasons recorded does indicate that the special audit report dated 21 April 2014 is the basis of the reopening notice. Thus in the above facts, it cannot be said that the Assessing Officer did not have reasonable belief that prima facie income chargeable....... + More


  7. 2018 (3) TMI 215

    Penalty u/s 271(1)(c) - assessee claimed the foreign exchange fluctuation amount on account of an inadvertent error - no clear specification of charge - Held that - The assessee s intention was not to conceal the income. The assessee had rightly disclosed it in the Profit and Loss account and not included while computing the taxable income. The revised return of income filed by the assessee has also been accepted by the AO. BR BR In view of the j....... + More


  8. 2018 (3) TMI 225

    Justification for rejection of books of accounts - Assessee has sold goods at price lower than its purchase price - estimation of profit - Held that - It is not the case of the Revenue that the amounts reflected as sale price and/or purchase price in the books do not correctly reflect the sale and/or purchase prices. In terms of Section 145(3) AO is entitled to reject the books of accounts only on any of the following condition being satisfied. B....... + More


  9. 2018 (3) TMI 224

    Deduction u/s 80P(2)(a)(i) denied - interest income from bank deposits is not business income but is income from other sources - Held that - The judgment relied upon by the revenue in the case of Totgar s Co-perative Sale Society Limited 2010 (2) TMI 3 - SUPREME COURT deals with Section 80P(2)(d). As aforesaid, Section 80P(2)(d) and Section 80P(2)(a)(i) of the Act being different, the said judgment is not squarely applicable to the facts of the p....... + More


  10. 2018 (3) TMI 214

    Penalty u/s. 271AAB - non maintaining the books of account as per sec. 44AA or sec. 44AA(2) - Held that - Since the assessee is not engaged in business or profession, he does not require to maintain the books of account as per sec. 44AA or sec. 44AA(2) of the Act, therefore, the assessee s case falls in the second limb i.e. or other documents as stipulated u/s. 271AAB Explanation (c) (supra) which describes undisclosed income for the purposes of ....... + More


  11. 2018 (3) TMI 223

    Amortization advance rent against the cost of land - Revenue v/s capital - Held that - The decision is squarely covered against the assessee in the case of Gas Authority of India Limited vs. Joint Commissioner of Income Tax, 2012 (11) TMI 325 - DELHI HIGH COURT as held barring the right to alienate or outright sale of the property in unqualified manner, all rights of enjoyment in respect of leased properties are with the assessee. Furthermore, ev....... + More


  12. 2018 (3) TMI 213

    Revision u/s 263 - Addition u/s 36(1)(viia) - Held that - Since the A.O. passed the order in pursuance to the directions issued under section 263 and passed the assessment order under section 143(3)/263 dated 24th October, 2013, therefore, the present proceedings before the authorities below have become infructuous because the order under section 263 have been quashed by the Tribunal. Assessee, therefore, correctly stated that since the order und....... + More


  13. 2018 (3) TMI 211

    Determination of Arm s Length Price (ALP) for Management Support Services - Held that - Determination of ALP for Management Support Services at Rs. NIL is unwarranted and accordingly the upward adjustment made by the ld TPO in the sum of ₹ 339,17,83,606/- is deleted. BR BR Determination of Arm s Length Price (ALP) for AMP expenses - Held that - We find that the ld TPO, ld AO and the ld DRP had categorically accepted the basic fact that the ....... + More


  14. 2018 (3) TMI 212

    Reopening of assessment - assessee as the beneficiary of accommodation entries - addition u/s 68 - Held that - It is an admitted fact that when the matter was restored by the Tribunal to the file of the Assessing Officer with a direction to adjudicate the issue afresh by making further enquiries to find out the genuineness of the gift, creditworthiness of the donor, source of money for the pay order and to ascertain the relationship between the a....... + More


  15. 2018 (3) TMI 222

    TPA - ALP determination - comparable selection - deletion directed by the ITAT, based upon its application of the Related Party Transaction ( RPT ) and the exclusion of the comparable i.e. M/s Wipro Limited (BPO service segment) - Held that - The RPT filter, is relevant and fits in with the overall scheme of a transfer pricing study which is premised primarily on comparing light entities having similar if not identical functions. Therefore, if a ....... + More


  16. 2018 (3) TMI 221

    Deductions u/s 80-IC - Held that - The assessee undertakes job work by providing labour employment and factory space for the purpose of manufacture of medicines by various manufacturers and claimed deductions under section 80-IC of the Act BR BR Tribunal found that the issue of deduction claimed by the assessee has already been decided in the case of CIT v. Impel Forge and Allied Industries Ltd. 2008 (12) TMI 370 - PUNJAB & HARYANA HIGH COURT....... + More


  17. 2018 (3) TMI 210

    Treatment of STCG on sale of shares / mutual fund - rebate u/s 88E for STT paid by the assessee - Held that - AR fairly conceded that the amount of STCG earned by the assessee included certain intra-day gains / losses which were in the nature of speculation and hence were required to be excluded while arriving at figures of STCG. Therefore, at the outset, we direct Ld. AO to exclude the same from the figures of STCG and treat the same as speculat....... + More


  18. 2018 (3) TMI 209

    Taxability of interest received from bank and MSEB - Held that - Interest income received from bank and MSEB to the tune of ₹ 75,63,440/- in the hands of assessee being not governed by the principle of mutuality. Authorized Representative for the assessee fairly pointed out that the said issue is covered against the assessee by the order of Apex Court in Bangalore Club Vs. CIT & Anr. (2013 (1) TMI 343 - SUPREME COURT). - Decided against....... + More


  19. 2018 (3) TMI 208

    Penalty imposed u/s 221(1) r.w.s. 140A(3) - non-payment of self-assessment tax - scope of amendment - Held that - The fact that the amended Sec. 140A(3) w.e.f. 01.04.1989 does not envisage any penalty for non-payment of self-assessment tax, the Assessing Officer was not justified in levying the impugned penalty by making recourse to Sec. 221(1) of the Act. BR BR Sec. 221 of the Act remains unchanged, both during the pre and post amended Sec. 140A....... + More


  20. 2018 (3) TMI 207

    Addition u/s 14A - net interest expenditure - Held that - The interest expense incurred in the business of money lending was ₹ 2,0276,317/-. In the course of its business of financing, the assessee borrows and lends monies. The assessee pays interest on the borrowed funds and earns interest on the loans advanced. Therefore, both the interest income and the interest payment are intrinsically linked. There is complete inter lacing of funds an....... + More


  21. 2018 (3) TMI 206

    Valuation of imported goods - rejection of transaction value - redemption fine - penalty - Held that - original adjudicating authority has held tyhat various importers have imported the goods of same make, same country of origin at higher value than the value declared by the importer. For this reason declared values has been rejected in terms of Rule 12 of the Customs Valuation Rules, 2007 read with Section 14 of the Customs Act, 1962. He has how....... + More


  22. 2018 (3) TMI 205

    100% EOU - eligibility for depreciation on capital goods in the computation of liability to duty upon failure to comply with prescribed export obligation - Held that - the duty liability on imported, or indigenously procured, capital goods is erased by sheer efflux of time. The appellant has been a functioning export-oriented unit since 1992 and capital goods procured in that year should be eligible for depreciation over the period that the unit ....... + More


  23. 2018 (3) TMI 204

    Rectification of mistake - plea that they were never issued notice, nor an opportunity of being heard in person before the decision is taken was missed by the Tribunal before arriving at the decision - Held that - the proceedings could not have been completed against the present applicant in the manner as done by the Original Authority. To that extent, there is an apparent error in the order of the Tribunal at para 9 of the final order dated 19/0....... + More


  24. 2018 (3) TMI 202

    Valuation - enhancement of value - Whether clearances of goods by paying customs duty on the higher enhanced assessable value, precludes the assessee from challenging the same before the higher appellate forum? - Held that - in the case of Bayshore Glass Trading Pvt. Limited Vs. CC, Kolkata 2002 (7) TMI 161 - CEGAT, KOLKATA , it was observed that rejection of appeal by Commissioner (Appeals) on the ground that assessee cleared the goods on paymen....... + More


  25. 2018 (3) TMI 203

    DEPB Benefit - denial of benefit on the ground that the goods were actually Cart/Trolley Axle without hubs classifiable under 87169090 - Held that - the CBEC has clarified in its instructions dated 03.06.1997 that the role of customs authorities in the matters relating to DEPB Scheme would be confined to verification of correctness of exporter declaration regarding quantity, description and FOB value of the export products. It would be for the li....... + More


  26. 2018 (3) TMI 201

    Changes in scheme sanctioned - Held that - Once a scheme is sanctioned and made effective, the changes allowed therein should be minor ones and not wholesale changes which would tamper with the essence of the scheme and if a company desires to modify a sanctioned scheme, though not necessary to do so for the proper working thereof, it is required to follow the procedure prescribed under Section 391 of the Act BR BR It should be noted that when an....... + More


  27. 2018 (3) TMI 200

    Transfer of shares - legal heirs eligibility - illegally transferred the shares owned by the petitioner without valid Transfer Deed and signature of the petitioner - Validity of company petition as time barred - Held that - Respondent did not say that either they have informed the Petitioner at any point of time about the fact that her shares have been transferred in favour of the Respondent No.4 nor the Petitioner had knowledge about the transfe....... + More


  28. 2018 (3) TMI 199

    Oppression and mismanagement - Held that - Original petitioner himself has restricted his challenge to the impugned allotments made in favour of the petitioner and original second and third respondents in the company petition. When this is so, the learned counsel for the appellant is rightly submitting that without amending the company petition and without giving particulars in their application for impleadment as to how and why the appellant is ....... + More


  29. 2018 (3) TMI 198

    E-auction - Section 13(8) of the SARFAESI Act - Held that - the appellant failed to comply with the provisions of Section 13(8). The statute mandates that it is only where the dues of the secured creditor are tendered together with costs, charges and expenses before the date fixed for sale or transfer that the secured asset is not to be sold or transferred. BR BR The appellant, is however, entitled to a refund of his deposit of ₹ 7,00,000 w....... + More


  30. 2018 (3) TMI 197

    VAT charges relating to the period of construction - collaboration agreement - whether this is the liability of owner or liability of builder? - interpretation of statute. BR BR Held that - Clause 11 of the collaboration agreement is categorical that the entire amount required or payable for carrying out construction, development, completion was wholly on account of the builder. This Clause can have only one interpretation. The amount required or....... + More


  31. 2018 (3) TMI 196

    Recovery of Debt - Whether personal liberty enshrined under Article 21 of the Constitution of India is violated, in view of Article 11 of the International Covenant on Civil and Political Rights, by issuing a SCN for arrest and detention of a judgment debtor, while executing a decree under Section 25(b) of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, read with Regulation 35(1) of Debts Recovery Tribunal- II Chennai Regulat....... + More


  32. 2018 (3) TMI 231

    Respondent entitlement to invoke Bank Guarantees during moratorium period - Whether Performance Guarantee is a Security Interest or not? - Whether supply of power to Corporate Debtor can be restated? - Held that - The moratorium imposed is only in respect of the properties of the Corporate Debtor. The moratorium order clearly says that any Security Interest created by the Corporate Debtor cannot be enforced in respect of the property of the Corpo....... + More


  33. 2018 (3) TMI 232

    Corporate Insolvency Resolution Process - secured creditors right to deal with the secured assets - Held that - In the instant application, the Insolvency Resolution Process is completed and a Liquidator has been appointed and the Corporate Debtor is undergoing the liquidation process. Therefore, the question of secured creditors right to deal with the secured assets, cannot be questioned by the Liquidator on account of application of moratorium,....... + More


  34. 2018 (3) TMI 233

    Corporate insolvency proceedings - contesting respondents eligibility as Financial Creditor - liability of the guarantee in the books of corporate debtor is in the name of the daughter - Held that - The amount of ₹ 29,97,000/-, is claimed to have been paid by the contesting respondents either to Captain V. K. Adukia or Captain Rajeev Chauhan or the Punjab National Bank. There is nothing on record to suggest that the amount has been disburse....... + More


  35. 2018 (3) TMI 195

    Insurance Auxiliary Service - appellant had received incentives from insurance companies - SCN has alleged that these activities of the appellant will bring them within the fold of actuary and hence they are required to pay service tax under the Insurance Auxiliary Service - Held that - insurer registered to carry on insurance business cannot carry on such business without an appointed actuary. Such actuary has to be, inter alia, a Fellow Member ....... + More


  36. 2018 (3) TMI 194

    Valuation - reimbursable expenses - Held that - From the sample copies of the invoices submitted by the respondent in the typeset-3 during hearing, the disputed expenses are very much in the nature of which were reimbursed to them subsequently - There is a plethora of decisions which have consistently laid down that reimbursable expenses cannot be form part of the taxable value for arriving at service tax liability. BR BR The Board s Circular No........ + More


  37. 2018 (3) TMI 193

    Supply of tangible goods for use - renting of immovable property service - demand of service tax - Held that - the appellant has supplied various tangible equipments and assets for use for renting the restaurant to Encore Hotels Pvt. Ltd. for which they were charging royalty mutually agreed from time to time - From the MOU it is observed that the various equipments were supplied by the appellant to Encore Hotels Pvt. Ltd. In such transaction, the....... + More


  38. 2018 (3) TMI 192

    Liability of service tax - auction of property service - difference between auction and tender - Held that - The auction process will normally get culminated only when there are no more bids made for the goods auctioned. Whereas, in respect of tenders, there is only one bid that each bidder can make, the tendering process will be completed at the end of the appointed time and date and, only bids received till that cut off point will be considered....... + More


  39. 2018 (3) TMI 191

    Refund claim - N/N. 17/2009-ST dated 7.7.2009 and 41/2007-ST dated 6.10.2007 - rejection on the ground of time limitation - Held that - as per N/N. 17/2009-ST dated 7.7.2009, the time limit for filing the refund claim was extended to one year - for the quarter ending July 2009 to September 2009, refund claim was filed on 9.12.2009 - Admittedly, the refund claim is filed by the appellant within time limit prescribed as per N/N. 17/2009 dated 7.7.2....... + More


  40. 2018 (3) TMI 190

    CENVAT credit - tower materials which are used for erecting telecommunication towers on various other accessories as part of the said towers - extended period of limitation - Held that - the assessee/appellant is a public sector undertaking and have availed such credit under bonafide belief that the duty paid on such components and items used for erection of towers are eligible to them. It is an admitted fact that the credit on various items used....... + More


  41. 2018 (3) TMI 189

    Pre-deposit - Optional Extended Warranty Service - Held that - As there are contrary views and difference of opinion between the Members, therefore, the matter be placed before the Hon ble President to refer the matter to the third member to resolve the following issue - Whether the appellant is required to make the pre-deposit of 10% of service tax demand with respect to Optional Extended Warranty Service, as held by Member (Technical) that the ....... + More


  42. 2018 (3) TMI 188

    Classification of services - different classification of services at suppliers end and at recipient s end - Held that - there cannot be different classification for the same services at the end of service provider and at the end of service recipient - in the case of M/s. Piem Hotels Ltd, 2016 (4) TMI 290 - CESTAT MUMBAI , the Tribunal has held that it is well settled proposition of law that jurisdictional officer at recipient end are not empowere....... + More


  43. 2018 (3) TMI 187

    Classification of services - different classification of services at suppliers end and at recipient s end - Held that - there cannot be different classification for the same services at the end of service provider and at the end of service recipient - in the case of M/s. Piem Hotels Ltd, 2016 (4) TMI 290 - CESTAT MUMBAI , the Tribunal has held that it is well settled proposition of law that jurisdictional officer at recipient end are not empowere....... + More


  44. 2018 (3) TMI 186

    Penalty - tax alongwith interest paid before issuance of SCN - Held that - Section 73(3) is very clear as it says that if the tax is paid along with interest before the issuance of the SCN, then in that case, SCN need not be issued - In the present case, it is on account of bona fide mistake that the service tax was not paid and as soon as it was pointed out by the audit party, the assessee paid the service tax along with interest - in the case o....... + More


  45. 2018 (3) TMI 185

    Penalty - tax alongwith interest paid before issuance of SCN - Held that - Section 73(3) is very clear as it says that if the tax is paid along with interest before the issuance of the SCN, then in that case, SCN need not be issued - In the present case, it is on account of bona fide mistake that the service tax was not paid and as soon as it was pointed out by the audit party, the assessee paid the service tax along with interest - in the case o....... + More


  46. 2018 (3) TMI 173

    Benefit of N/N. 64/95-CE, dated 16.03.1995, as amended - goads cleared to the programme SAMYUKTA for the period 1.06.2006 to 21.8.2006 - Penalty u/r 25 of CER, 2002 - Held that - The parent N/N. 64/95-CE, dt. 16.03.1995 inter-alia exemption central excise duty on all goods suplied to the programme SAMYUKTA under the Ministry of Defence, with the caveat that the exemption shah not have affect on or after the first day of December, 1999. BR BR The ....... + More


  47. 2018 (3) TMI 174

    SSI exemption - dummy units - clubbing of clearances - allegation is that M/s. SG is a dummy unit of M/s. SPP created on paper for the purpose of fragmentation of value of clearances of both the units so as to wrongly avail SSI exemption - Held that - it can be seen that M/s. SG for all practical purposes was functioning as dummy unit of M/s. SPP so as to keep the clearances within the limit of SSI exemption - the value of clearances of the impug....... + More


  48. 2018 (3) TMI 172

    CENVAT credit - the service tax was paid by the service provider by reason of fraud, collusion or willful misstatement, etc. and accordingly, as per the provisions of Rule 9(1)(bb) of the Rules, the appellant is not permitted to take Cenvat credit - Held that - the charges leveled against the service provider regarding fraud, collusion, willful mis-statement, etc. were no more in existence in view of the proceedings dropped by the jurisdictional ....... + More


  49. 2018 (3) TMI 171

    SSI Exemption - extended period of limitation - Held that - the respondent has been regularly informing to the authorities about intention of manufacturing branded goods as well as non branded goods as their own products. BR BR As the matter of the fact, we perused the records produced by the Learned Departmental Representative and notice that factual findings of First Appellate Authority is correct. The Superintendent incharge of assessee had so....... + More


  50. 2018 (3) TMI 170

    Rectification of mistake - in the remand proceedings while considering the issue of penalty this Tribunal has not considered the fact that the provisions of Section 11AC of the Act for imposition of penalty were not in the statute book before 28.09.1996, therefore, for the period prior to 28.09.1996, no penalty is imposable on the appellant and for that reason the order of this Tribunal dated 28.02.2012 be recalled - time limitation - Held that -....... + More


  51. 2018 (3) TMI 169

    Clandestine removal - The case of the Revenue is based upon such private booklet, panchnama i.e. at site wherein it is indicated that there was shortage of finished goods; confessional statement of one Shri Sharma - Held that - In the absence of any evidence to show or indicate that this booklet on which reliance has been placed by Revenue to hold that there was clandestine removal for the period 1.9.2001 to 15.9.2001, the entire case of the Reve....... + More


  52. 2018 (3) TMI 168

    CENVAT credit - reversal of service credit taken on management consultancy service pertaining to the unit in the location of area based exemption - Rule 7(b) of the CCR 2004 - Held that - in the appellant own case Fosroc Chemicals India Pvt. Ltd. Versus Commissioner of Central Excise, Customs And Service Tax Bangalore-LTU 2016 (1) TMI 21 - CESTAT BANGALORE , this Tribunal has considered all the submissions of the assessee which have been raised i....... + More


  53. 2018 (3) TMI 166

    Classification of goods - Chequered Tiles, Rockard designer Tiles, Plain cement Tiles and Paver blocks etc. - benefit of N/N. 10/2003-CE dt 1.3.2003 - It was alleged that the Respondent has cleared the Chequered Tiles, Rockard designer tiles and decorative Interlocking paver blocks which are not commercially known as Mosaic Tiles by misclassifying the same as Mosaic Tiles - Held that - The revenue has not brought any fact on record that the tiles....... + More


  54. 2018 (3) TMI 167

    CENVAT credit - engines/pump/frames - denial on the premises that the process undertaken by them does not amount to manufacture - Held that - As there are contrary views and difference of opinion between the Members, therefore, the matter be placed before the Hon ble President to refer the matter to the third member to resolve the following issues - Whether the activity of inspection and testing in respect of the parts for proper alignments of pu....... + More


  55. 2018 (3) TMI 165

    CENVAT credit - bogus invoices - clandestine removal - Held that - As the truck which was alleged to have carried the goods and the statement of dealers has been contested and found in favor of the appellant, therefore, cenvat credit cannot be denied on the allegation that they have procured only invoices without supplying the goods to avail inadmissible cenvat credit - credit cannot be denied. BR BR Clandestine removal - Held that - loose slips ....... + More


  56. 2018 (3) TMI 164

    SSI Exemption - assignment of brand name - date of assignment of Brand Name - Held that - it is settled position of law that once the brand name has been assigned in favor of a person, he will be entitled to clear goods bearing that brand name considering it as his own and will be entitled to the benefit of the SSI Notification - It is not being disputed that the agreement dated 06.10.1998 has granted such assignment but the demand raised is for ....... + More


  57. 2018 (3) TMI 163

    CENVAT credit - inputs - M.S. Plates, M.S. Rounds, M.S. Angles used as Parts/Components for the capital goods in manufacture of ultimate product - Held that - it is settled position of law that the components, spares, and accessories need not fall in Chapter-82, 84 and Chapter 85 of CETA. They can fall in any chapter. The only condition is that they should be part, component or accessory of machinery specified in clause (i)-MF (DR) circular No.27....... + More


  58. 2018 (3) TMI 159

    Recovery of tax dues - Whether the writ petitioner is a bona fide purchaser of the property and would be protected from the proceedings under the Revenue Recovery Act, and under Section 24 (A) of the Tamil Nadu General Sales Tax Act, 1959? BR BR Held that - the encumbrance certificate does not reveal the charge created over the property and there is nothing to infer that the appellant / writ petitioner and his vendor with an intention to defraud ....... + More


  59. 2018 (3) TMI 160

    Validity of assessment order - adjustment of input tax credit - Section 19 (2) of the TNVAT Act read with Rule 10 (7) (c) of the TNVAT Rules, 2007 - Held that - when Section 19 (17) provides that, if the ITC determined by the Assessing Officer for a year exceeds tax liability for that year, the excess can be adjusted against any outstanding tax due from the dealer/assessee The word any has significance. The petitioner, being the registered dealer....... + More


  60. 2018 (3) TMI 158

    Imposition of VAT - sale of Manually Operated Sprayers - Held that - this Court is satisfied that the said question need not be straightaway decided by this Court, as there is no sufficient material on record to embark upon such enquiry as to the nature of commodity dealt with in the present case or decide the question of interpretation about the said commodity falling under the Entry described in the Notification dated 31.3.2010 as Agricultural ....... + More


  61. 2018 (3) TMI 157

    Inter-state sales - sandalwood - Form-C - challenge to levy of Tamil Nadu value added tax - Held that - identical issue decided in the case of Surya Vinayaka Industries Limited and Others Versus District Forest Officer, Salem Division, Salem and Another 2012 (11) TMI 1054 - MADRAS HIGH COURT , where it was held that Merely because, the petitioner transported the goods outside the State will not bring the transaction within the ambit of the inter ....... + More


  62. 2018 (3) TMI 161

    Export sale - Whether the export sale will also be a sale which does not attract the levy of tax under Section 3(4) of the Act? - Held that - identical issue decided in the case of Tube Investments of India Ltd. (Formerly known as M/s. TI Diamond Chain Ltd.) Versus The State of Tamil Nadu, represented by the Commercial Tax Officer 2010 (10) TMI 938 - MADRAS HIGH COURT , where it was held that Section 3(4) of the Act will have no application since....... + More


 
 
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