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TMI Updates - Newsletter dated: March 9, 2018

Highlights

  1. Income Tax : Non-competition agreement with Ranbaxy Laboratories Ltd. - nature of receipt - Though a vague finding was rendered that the amount which was otherwise receivable by the company was diverted by the appellant, the same was not substantiated by the Tribunal - in the absence of a finding that the two agreements entered with RLL and SPIL are sham and nominal, no addition can be made - HC

  2. Income Tax : TDS u/s 194C or 194J - contract for managing of solid waste - payment made by the assessee to UEEL for exhibiting the work contract would fall u/s 194C and not u/s 194J - Tri

  3. Income Tax : TDS u/s 195 - Assessee paid Commission to foreign agent is not the income chargeable to tax in India. Once an income is not chargeable to tax in India then the question of deducting TDS under the provision u/s 195 of the Act does not arise. - Tri

  4. Income Tax : LTCG - Deduction claimed u/s 54 - Section 54(2) does not say that in case the assessee could not get the possession of the property, he is not entitled for exemption u/s 54 - Tri

  5. Customs : Imposition of ADD - relevant date - warehoused goods - clearance of goods for home consumption - The levy of Anti Dumping Duty under the Notification dated 11.05.2017 is applicable to the goods cleared under the Ex-Bond Bill of Entry dated 31.08.2017. - HC

  6. Customs : Principle of natural justice - seeking cross examination of driver - fake clearance / deemed exports - The question as to what extent the principles of natural justice need to be stretched as they cannot be moulded and are not to be construed with stringent strictness but needs to be dealtwith the flexibility. - HC

  7. Customs : Jurisdiction of the Additional Director General to issue the said SCN - Nobody can deny that these authorities work for the ultimate object of implementation of the Customs Act, 1962. The tax payers have no right to choose their adjudicating authority. - HC

  8. Customs : Smuggling - Gold concealed in Zinc ingots - Attempt to smuggle the goods would breach all these conditions - there is clear breach of conditions of import of goods though perse import of goods may not be prohibited. - HC

  9. Customs : Penalty - short landing of goods - no blame can be fastened on the petitioner for intentionally being the cause for the short landing, this is a fit case, where, the entire penalty imposed on the petitioner requires to be vacated - HC

  10. Customs : Exemption to sports goods - The customs department cannot deny the fact that both the petitioners are Renowned Shooters and National Rifle Association certified so and considering the fact that one of them has done prior imports through the Bangalore Airport, the 4th respondent was not justified in denying the relief of exemption to the petitioner. - HC

  11. Customs : Revocation of Custom Duty Exemption Certificate (CDEC)- import of certain medical equipments - The gross abuse of customs duty exemption by these Institutions and as many as 392 Institutions out of 396 given such exemption lost their CDECs, defeats the very purpose for which such exemption was given, for the avowed purpose of providing free medical aid to the poor sections of the Society. - HC

  12. Customs : Classification of imported goods - Video Server having memory - The RAM of any device is meant only to assist the function of the internet circuit it cannot be treated as recording /storage device. - Tri

  13. Insolvency and Bankruptcy : Corporate insolvency process - existence of operational debt - failure to make payment against procurement of paddy - the application deserves to be admitted. - Tri

  14. News : Direct Tax collections for F.Y. 2017-2018 show growth of 19.5% up to February, 2018

  15. Service Tax : CENVAT credit - common services used for taxable as well as exempted service - The option was available to the assessee to reverse the proportionate credit under Rule 6(3) (ii) in terms of Rule 6(3A) of Cenvat Credit Rules, 2004. Accordingly, the demand of 8%/6% in terms of Rule 6(3) (i) cannot be sustained. - Tri

  16. Central Excise : 100% EOU - the waste generated during the manufacturing process of cotton blended yarn - predominating factor is of cotton waste, and waste is classifiable under Chapter 52 of cotton yarn manufactured in question, the duty cannot be demanded - Tri

  17. Central Excise : Classification of goods - “green houses” - the goods cleared by the appellant are classifiable under 9406 00 11 as green houses in ready to assemble sets - Tri

  18. Central Excise : Classification of goods - The motor vehicles manufactured by the appellants do not fall in the category of dumpers designed for off-highway use under 8704 10. They are classifiable, as claimed by the appellant under 8704 2390 as tipper trucks likewise the classification of chassis also will fall under 87060042 and not under 87060043 as claimed by the Department. - Tri

  19. Central Excise : CENVAT credit - inputs - it would be impractical to require the assessee to go behind the records maintained by the first stage dealers. The respondent under the fact of this case were found to have duly acted with all diligence in their dealings with the first stage dealers Simandhar. - Tri

  20. Central Excise : Clandestine removal - Revenue has been able to establish the procurement of the excess raw materials, excess payments made to the labourers, the excess electricity consumption and the excess installed capacity, the cumulative effect of all these evidences would lead to the inevitable conclusion that the appellants have manufactured and cleared clandestinely their final product. - Tri

  21. VAT and Sales Tax : Claiming benefit of exemption notification issued under old act even after introduction of VAT Act - Such a notification would not become inconsistent only because the right of tax payable for the transaction in the Act of 2008 is different from the rates specified in the Act of 1948. - 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 309

    Claim of deduction u/s.80P to the assessee-co-operative society - Held that - It is clear from the order of CIT(A) that after applying judicial pronouncements, as laid down in M/s. The Quepem Urban Co-operative Credit Society ltd., Vs ACIT Circle-1 2015 (6) TMI 573 - BOMBAY HIGH COURT held that assessee-Co-operative society is eligible for deduction u/s. 80P. The finding recorded by CIT(A) has not been controverted by learned DR by bringing any p....... + More


  2. 2018 (3) TMI 298

    Claim deduction u/s 80P denied - interest income and dividend income earned - Held that - If the deposits in bank are out of own funds of society then the interest on same is eligible for deduction u/s. 80P (1) and if the deposit in bank is out of the fund available with the society in the form of liability then the same is not eligible for deduction u/s. 80P (2) of IT Act. The conclusion is different in both the judgments because the facts are d....... + More


  3. 2018 (3) TMI 299

    Adjustment made to export turnover on account of freight, telecommunication and insurance, on-site fees and marketing fees - Held that - Justification in excluding the above mentioned expenditure both from the export turnover as well as from the total turnover while calculating deduction under section 10A of the Act. BR BR Allowing deduction u/s. 10A - Held that - As decided in Black and Veatch Consulting Pvt. Ltd. 2012 (4) TMI 450 - BOMBAY HIGH ....... + More


  4. 2018 (3) TMI 300

    TDS u/s 194C or 194J - contract for managing of solid waste - tds liability - whether the work carried out by the assessee would fall in the category of technical services as envisaged by the provisions of section 9 of the Act? - Held that - Mere use of machinery or human intervention by the sub contractor are the decisive factors to decide the issue against the AO. We also hold that each and every payment for the contracts would not be for profe....... + More


  5. 2018 (3) TMI 301

    Disallowance u/s 14A - Held that - While making disallowance under Rule 8D(2)(iii), it is only the average of those investments which have yielded exempt income are to be taken into consideration and not the average of all investments. Adverting to the facts of the instant case, it is seen that the disallowance has been made in ignorance of the above mandate of law as approved by the Hon ble Delhi High Court in ACB India Ltd. vs. ACIT 2015 (4) TM....... + More


  6. 2018 (3) TMI 302

    Addition to the total income towards reimbursement of salary cost - ALP determination - Imparting business support services to its AE and project management services - Held that - The Assessee Company had earned income on the sale of the project and also project management income in the subsequent years. Assessee Company was under contractual obligation to provide project management services and business consultancy services to TBSL post-sale, an....... + More


  7. 2018 (3) TMI 303

    Disallowance of exemption claimed u/s 10(10B) - amount paid to the employer on resignation - compensation on retrenchment from the job or ex-gratia payment - Held that - As decided in Vishnu Mohan T. Nair Vs. ITO 2018 (1) TMI 324 - ITAT AHMEDABAD the conditions of section 10(10B), so far as eligibility for exemption is concerned, is satisfied. That, however, is not the end of the matter. BR BR As regards the amount eligible for exemption under se....... + More


  8. 2018 (3) TMI 304

    Addition u/s 68 - share capital introduced by the assessee afresh during the year - Held that - If the assessee has discharged primary onus by submitting confirmation, bank statements, copies of income-tax returns, PAN data then it would be construed that the assessee has discharged primary onus put upon it by virtue of section 68. It is the AO who has to carry out investigation and demonstrate that these materials are not sufficient for discharg....... + More


  9. 2018 (3) TMI 305

    Deemed dividend u/s 2(22)(e) - Held that - Since the Assessee in the present case is not a shareholder in the lender company, we are of the view that CIT Vs. Ankitech Pvt.Ltd. & others 2011 (5) TMI 325 - DELHI HIGH COURT is squarely applicable to the facts of the Assessee s case. - Decided against revenue........ + More


  10. 2018 (3) TMI 306

    Penalty u/s 271AAA - search and seizure - Held that - A perusal of sub-section (2) would indicate that it postulates three conditions for an assessee on whose fulfillment he will be absolved from levy of penalty. BR BR In the present case, we have perused the statement recorded under section 132(4) of the Act at the time of search. Thus, so far as first condition is concerned, the assessee should admit the undisclosed income in a statement given ....... + More


  11. 2018 (3) TMI 307

    Deduction in respect of employee s contribution to PF and ESI - contribution deposited beyond the due date prescribed under the relevant law governing contribution to provident fund - Held that - The amendment to the second proviso to the Sec. 43(B) as introduced by Finance Act, 2003, was curative in nat2607 of 2011 ure and is required to be applied retrospectively with effect from 1st April, 1988. Such being the position, the deletion of the amo....... + More


  12. 2018 (3) TMI 308

    Deductions u/s.80P(2)(a)(i) - interest income earned on Fixed Deposits - Held that - As decided in assessee s own case the amount which was invested in banks to earn interest was not an amount due to any members. It was not the liability. It was not shown as liability in their account. In fact this amount which is in the nature of profits and gains, was not immediately required by the assessee for lending money to its members, as there were no ta....... + More


  13. 2018 (3) TMI 294

    TDS u/s 195 - payment of export commission made by the assessee company to two non-resident agents for services rendered outside India - non deduction of tds - addition u/s. 40(a)(ia) - Income deemed to accrue or arise in India - Held that - It is beyond doubt the payment for the commission was not received by the foreign agents in India. Therefore, the same cannot be taxed in India as per clause (a) of sub-section (2) of section 5 of the Act. Si....... + More


  14. 2018 (3) TMI 295

    Reopening of assessment - change of opinion - eligibility of reasons to believe - reduction of entertainment tax subsidy from the cost of assets for the purpose of depreciation - Held that - From the reasons recorded for re opening of assessment under section 147 it is evident that the formation of belief for escapement of income is on the reason that the entertainment tax subsidy received by the assessee should be reduced from cost of assets, th....... + More


  15. 2018 (3) TMI 296

    Non-consideration of the foreign exchange gains as operational income for the purpose of computing the PLI - Held that - We find that Hon ble Delhi High Court in the case of BC Management Services (P) Ltd., (supra), has held that the Safe Harbour Rules which were notified by the Revenue authorities came into force in 2013 and therefore not applicable to A.Y. 2011- 12. Before us, Revenue has not placed any contrary binding decision in its support........ + More


  16. 2018 (3) TMI 297

    Deduction u/s.80IB(10) eligibility - Held that - The assessee is entitled for deduction on proportionate basis. However, it is the decision of the Tribunal that AO needs to verify on the aspects narrated in the order of the Tribunal. Considering the settled nature of the issue, we are of the opinion that assessee is entitled to proportion deduction u/s.80IB(1) of the Act in view of the directions given by the Tribunal in the assessee s own case f....... + More


  17. 2018 (3) TMI 293

    Deduction claimed u/s 54 - payment was made within the stipulated period and the construction could not be completed by the developer of the flat - eligibility criteria - Held that - Section 54(2) of the Act clearly says that in case the capital gain, which is not appropriated by the assessee towards purchase of new asset or which is not utilized in purchase of residential house or construction of residential house, then it shall be deposited in ....... + More


  18. 2018 (3) TMI 234

    Rectification of mistake - since the transaction of commodities trading had not been entered by the assessee in his books of accounts as on the date of search on 01.08.2012 and thereby it takes the character of undisclosed income for which penalty u/s 271AAB CV is exigible - Held that - AR drew our attention to the computation of the total income wherein the assessee had offered income from commodity trading only under the head income from other ....... + More


  19. 2018 (3) TMI 311

    Non-competition agreement with Ranbaxy Laboratories Ltd. - nature of receipt - capital receipt or a revenue receipt - Held that - Undoubtedly the right to manufacture the products was with the company when the non-competition agreement was entered into, in the absence of any material showing that a similar non-competition agreement was entered between the company and the appellant, it cannot be inferred that merely because the company was at the ....... + More


  20. 2018 (3) TMI 310

    Revision u/s 263 - order of the AO does not explain as to how the figure of ₹ 40 lakhs has been arrived at as undisclosed turn over and on what basis, income was estimated at 10% thereof - the order does not even explain the basis for allowing ₹ 36 lakhs as expenditure out of the unaccounted sales of ₹ 40 lakhs thereby taxing the balance of ₹ 4 lakhs only - Held that - As held by the Supreme Court in Malabar Industrial Co........ + More


  21. 2018 (3) TMI 278

    Valuation of export goods - validity of advance licence - whether the appellant had overvalued the export goods and consequently obtained the advance license and whether the appellant is liable to pay redemption fine on import made by M/s Mdhu Overseas and consequent penalty, whether the appellant is liable for penalty under section 114(i) of Customs Act, 1962 for charge of over valuation of the export goods? BR BR Held that - it was admitted by ....... + More


  22. 2018 (3) TMI 279

    Classification of imported goods - Video Server - classified under CTH 85177090 or under CTH 85219090? - benefit of N/N. 24/2005-CUS - Held that - The description appearing in the catalogue clearly shows that the video servers are a device which is acts as an intermediary between the cameras and the network. In other words it receives images taken by the cameras and converts them into a digital form and feeds the same into the network - With refe....... + More


  23. 2018 (3) TMI 283

    Penalty - Delay in adjudication process - quantity mentioned in the Bills of Lading is not prima facie evidence for the quantity loaded on board the vessel - Held that - the respondents, while exercising the powers under Section 116 of the Customs Act, have to exercise the same within the reasonable period, though the Act does not provide for a limitation, within which, the said power should be exercised. The Courts have consistently held that th....... + More


  24. 2018 (3) TMI 286

    Reward scheme - reward for disclosed vital information about evasion of tax / public revenue - the grievance of the petitioner is that his reward which was allegedly due and payable is withheld on untenable grounds - Held that - the petitioner claims that a case has been booked on the basis of specific and elaborate information provided by him but the amount of deposit is just a peanut. The tax evader should have deposited much more and the petit....... + More


  25. 2018 (3) TMI 287

    Benefit under Advance Authorisation Scheme - advance authorisation contained a condition, by which the petitioner was obligated to export finished products within a specified time. The admitted fact is that the petitioner did not comply with the said condition within the time stipulated - Held that - the impugned orders in W.P.Nos.2304 and 2305 of 2018 though appear to grant relief to the petitioner have in fact denied the relief. While passing t....... + More


  26. 2018 (3) TMI 285

    Provisions of sub-section (11) of Section 28 of Customs Act, 1962 inserted by the Customs (Amendment & Validation) Act, 2011, with effect from 16.9.2011 - lack of jurisdiction of the respondent-Additional Director General to issue the said SCN - Held that - As far as the validity of the provisions of Section 28(11) of the Act is concerned, this Court does not find any illegality or lack of legislative competence or ultra vires in the said pro....... + More


  27. 2018 (3) TMI 284

    Smuggling - Gold concealed in Zinc ingots - Case of the petitioner is that such show cause notice was never served on him. The department though fully aware that the petitioner is a resident of Sharjah, sent the notices at the address of partnership firm at Rajkot and, thereafter, proceeded exparte against the petitioner without service of notice on him - principles of Natural Justice. BR BR Held that - The petitioner cannot take a stand that the....... + More


  28. 2018 (3) TMI 282

    Benefit of N/N. 146/94-Cus dated 13.07.1994 - customs duty exemption to sports goods imported by National Sports Federation or by a sports person of outstanding eminence for training - petitioner s grievance is that in spite of having produced the necessary documents to show that he is a renowned shooter and entitled for exemption from Customs Duty as per the Government of India notifications, the 4th respondent detained the consignment and for s....... + More


  29. 2018 (3) TMI 281

    Acquittal of offences - offences punishable under Section 135(1)(a) and 135(1)(b) of the Customs Act, 1962 and 5 of the Imports Exports (Control) Act, 1947 read with Sections 34 and 120-B of the Indian Penal Code - Held that - The evidence of the P.W.3 has proved the fact that goods have been removed on 7th February, 1985 and P.W.4 in evidence asserted that these goods were deposited in the Customs Godown on 5th March, 1985. He had also produced ....... + More


  30. 2018 (3) TMI 280

    Revocation of Custom Duty Exemption Certificate (CDEC) - N/N. 64/88-Cus. dated 01.03.1988 - import of certain medical equipments exempt from customs duty - Held that - Beyond a pale of doubt, the provisions relating to exemption from tax or duties have to be strictly construed and except upon satisfaction of the conditions for grant of such exemptions stricto sensu, the exemption from customs duty cannot be given by way of largesse to the benefic....... + More


  31. 2018 (3) TMI 277

    Secured creditor entitled to prefer a company petition for winding up - whether respondent Kotak Mahindra Bank shall wait till they exhaust their attempts to auction the properties mortgaged with them, recover the amount in question partly or wholly and then decide as to whether to file a company petition for winding up? - Held that - After having a comprehensive view of the provisions and the judgments dealing with this issue, we are of the cons....... + More


  32. 2018 (3) TMI 276

    Offence under PMLA - Attachment of property involved in money-laundering - Held that - In the present case, defendant No.3 has challenged the order of attachment passed by the authorities in respect of the property which does not belong to him. The subject matter of the present appeal is not the prosecution launched against the defendant No.3. As we have already indicated that it will be open to the defendant No.3 to consider for applying for dis....... + More


  33. 2018 (3) TMI 314

    Default in repayment of loan - suit for recovery - plaintiff s case is that he had given a loan of ₹ 3 lakhs to the Defendant, in cash, on 1st April, 2008 which not in accordance with income tax act, hence loan amount cannot be recognized - Held that - The categorical admission of the Defendant and the lack of any evidence to support the case of the Defendant, clearly lead to the conclusion that the Trial Court was in error in holding that ....... + More


  34. 2018 (3) TMI 275

    Maintainability of petition - SARFAESI Act - the contentions are raised that it is the case of the petitioners that with a mala fide intention and in collusive manner, the mortgage deed is entered between the Respondent No.1 and Respondent No.2 inter se without any intimation to the members of the Cooperative Society i.e. the petitioners - on one hand, the petitioners are claiming as bonafide purchasers for a value and on the other hand, the resp....... + More


  35. 2018 (3) TMI 320

    Corporate insolvency process - existence of operational debt - failure to make payment against procurement of paddy - Held that - As per the invoices issued by the Operational Creditor with regard to supply of paddy to the Operational Debtor it is proved beyond doubt that goods in terms of Section 5(21) of the Code were procured by the Operational Debtor from the Operational Creditor on various occasions. It is patent from a perusal of the VAT D-....... + More


  36. 2018 (3) TMI 319

    Corporate insolvency process - existence of operational debt - failure to make payment against procurement of paddy - The petitioner- operational creditor is a commission agent and a middleman who used to procure the paddy from farmers to be supplied as per the demand in the open auction. - Held that - As already observed in this case, the respondent had been making regular payments of the interest as well as the principal to the petitioner-opera....... + More


  37. 2018 (3) TMI 318

    Initiation of corporate insolvency process - Whether failure to send reply to the demand notice received by one of the directors of the Corporate Debtor is fatal? - Held that - Petitioner s firm has some control over the respondent through 3rd petitioner and it has come out in evidence that petitioner s firm is a party to the MOU above referred. It is a circumstance doubting the contact of Mr. Samrat Gupta who has got intimate friendship with the....... + More


  38. 2018 (3) TMI 274

    Voluntary Compliance Entitlement Scheme - whether in the facts and circumstances of the case, the provisions of Section 106(1) of Finance Act, 2013 debars the respondent not to take benefit of the scheme or not? - Held that - Admittedly, for the earlier period, during the course of audit an objection was raised and respondent immediately reversed the Cenvat credit along with interest proceedings against the respondent were closed. The issue raise....... + More


  39. 2018 (3) TMI 268

    Valuation - inclusion of reimbursement of expenses - electricity charges - air-conditioning charges - Held that - demand in respect of electricity charges and air-conditioning charges being reimbursable expenses, we are of the view that these cannot be included in the total value of taxable services. BR BR As per lease deed, the respondent is under obligation to maintain common areas and provide various amenities. The amount collected as operatio....... + More


  40. 2018 (3) TMI 273

    CENVAT credit - common services used for taxable as well as exempted service - Rule 6 (3) (i) of Cenvat Credit Rules 2004 - whether the appellant is required to pay 6%/8% in terms of Rule 6(3) (i) of Cenvat Credit Rules, since they have availed the cenvat credit on the common input service used for taxable as well as exempted service? BR BR Held that - though the appellant had availed cenvat credit on the common input service, out of the total cr....... + More


  41. 2018 (3) TMI 272

    Penalty - tax with interest paid before issuance of SCN - case of appellant is that with regard to MSEB since it was a government organisation they had a bona fide belief that service tax is not payable and, therefore, they have not charged service tax to MSEB and, therefore, not paid the same - Held that - when the department pointed out the lapse, immediately they paid the service tax along with interest before issue of show cause notice in spi....... + More


  42. 2018 (3) TMI 271

    Rectification of mistake - Revenue s ground is that the Refund application filed by the appellant claiming refund of excess duty paid by GAIL should have been filed with the jurisdictional authorities of GAIL rather than filing with their jurisdictional central excise authorities - Held that - Tribunal in the case of Chambal Fertilizers and Chemicals Ltd. v. CCE, Indore 2017 (1) TMI 549 - CESTAT NEW DELHI has dealt with an identical issue and has....... + More


  43. 2018 (3) TMI 270

    Short payment of service tax - Renting of Immovable Property - Held that - The said service was under litigation before various High Courts and was ultimately decided by the Hon ble Delhi High Court in favor of the Revenue - Section 80 Finance Bill, 2012 is to the effect that if an assessee deposits the entire tax within the period of six months from the date of receipt of assent of the President to the Finance Bill, 2012, the penalties would not....... + More


  44. 2018 (3) TMI 269

    Allowability of exemption for services released by Unit in SEZ - refund claim - Held that - the issue herein is squarely covered in favour of the appellant by Single Member Bench ruling of this Tribunal in the case of Intas Pharma Ltd Vs. CST 2013 (7) TMI 703 - CESTAT AHMEDABAD , where it was held that any service tax paid/ remitted by a service provider is liable to be refunded to the provider who has remitted service tax in relation to taxable ....... + More


  45. 2018 (3) TMI 248

    Clandestine removal - It was alleged that unaccounted finished stock of aluminium ingots weighing 18,503 Kgs valued at ₹ 18,78,592/- was seized along with some documents under a panchnama - principles of natural justice - Held that - It is seen that the show-cause notice is based on the documents recovered and panchnama made during the search of the factory. The show-cause notice also relies on the statements of Shri N.M. Surana. Other than....... + More


  46. 2018 (3) TMI 246

    CENVAT credit - construction of building or a civil structure or part thereof - laying of foundation for making of structures for support of capital goods - Held that - to come to a clear conclusion whether the Service Tax credit availed by the appellant is hit by the amendment made to Cenvat Credit Rules with effect from 1.4.2011, it will be necessary to go through in detail the various Annual Maintenance Contracts executed by the appellant for ....... + More


  47. 2018 (3) TMI 247

    Scope of SCN - CENVAT credit - inputs used in work in progress goods damaged/ destroyed in fire, flood etc. - Held that - the issue of admissibility of Cenvat credit on inputs used in work in progress goods damaged/ destroyed in fire, flood etc. is covered by the judgment in the case of VFC industries 2016 (9) TMI 1020 - CESTAT AHMEDABAD , where it was held that the credit involved on the inputs lying in stock and destroyed in the fire before bei....... + More


  48. 2018 (3) TMI 245

    CENVAT credit - Department has sought to disallow the credit of the duty involved in freight and insurance which the appellant has taken suo motu credit - Held that - appellant is not entitle to take suo motu credit as per the Larger Bench decision of the Tribunal in the case of BDH Industries Ltd. v. Commissioner of Central Excise 2008 (7) TMI 78 - CESTAT MUMBAI - decided against appellant. BR BR Scope of SCN - Revenue is in appeal on the ground....... + More


  49. 2018 (3) TMI 244

    Classification of goods - Servo 2T Supreme - Held that - When, in the instant case, the assessee-appellant is jobworker, the principal, IOCL who has accepted the chemical analysis and the composition, by merely wrong mentioning of sub-heading in the invoices cannot be changed the chance of the appellant/assessee - the classification has rightly brought under heading 3403 of the CETA, 1985 - appeal dismissed - decided against appellant........ + More


  50. 2018 (3) TMI 242

    Clandestine removal - demand primarily based upon the records seized by the visiting officers including the labour con tractor record - Held that - in the said case of R.A. Castings Pvt. Ltd. 2010 (9) TMI 669 - ALLAHABAD HIGH COURT , the Revenue s allegations were solely based upon electricity consumption. It was in that scenario, that the Court held that higher electricity consumption cannot be made basis for arriving at the excess production or....... + More


  51. 2018 (3) TMI 243

    Clandestine removal - SSI exemption - clubbing of clearances - crossing of threshold limit - Held that - there is virtually no evidence on record to show that the manufacturing unit was indulging in clandestine activities. In the absence of any positive and affirmative evidence to confirm the above charge, the finding of Commissioner (Appeals) cannot be upheld - demand alongwith penalties set aside. BR BR Appeal dismissed - decided against Revenu....... + More


  52. 2018 (3) TMI 240

    Penalty u/s 11AC of CEA - clandestine removal - Held that - Tribunal in the case of Galaxy Textile Vs. Commissioner of Central Excise, Vapi 2010 (7) TMI 516 - CESTAT, AHMEDABAD observed that though the appellant had admitted shortages and have agreed to pay the duty thereon so as to avoid litigation but in the absence of any evidence to corroborate the allegations of clandestine removal, penalty is not imposable - penalty set aside - duty demand ....... + More


  53. 2018 (3) TMI 241

    Clandestine removal - excess of stock - M.S. Ingots - M.S. Scrap/ Waste - Held that - the effect of the entire evidence on record establishes beyond doubt that the goods loaded in the truck were cleared by M/s Premier Ispat Ltd., without payment of any duty of excise and without issuing the invoices. There is no explanation either by M/s Premier Ispat Ltd. or M/s Jai Maa Sharda Enterprises as to from where the said goods were purchased or came in....... + More


  54. 2018 (3) TMI 239

    CENVAT credit - whether the service tax paid on medical insurance premium for health insurance is admissible for cenvat credit or otherwise? - Held that - the CISF employees are working for the appellant. In this fact, the service on which credit was availed i.e. medical premium for consumption is clearly excluded from the definition of input service - credit not allowed. BR BR Demand of interest - Held that - the interest is chargeable only when....... + More


  55. 2018 (3) TMI 238

    CENVAT credit - place of removal - contention of the tax authorities is that the professional fees on which service tax liability has been discharged in 2012-13 pertains to activities beyond the place of removal and hence ineligible to be availed a CENVAT credit - Held that - Place of removal is an expression that is found in means in Central Excise Act, 1944 independently owing to assessment becoming liable to be determined upon clearance of goo....... + More


  56. 2018 (3) TMI 237

    Refund claim - exempt item - bagasse - section 11D of Central Excise Act, 1944 - Held that - The nature of waste product in the scheme of Central Excise Act, 1944 has been decided by the Hon ble Supreme Court in Union of India v. DSCL Sugar Ltd 2015 (10) TMI 566 - SUPREME COURT thus according a finality to the issue of liability under rule 6 of CENVAT Credit Rules, 2004 - The amount was thus not payable, and even if liable to be deposited in acco....... + More


  57. 2018 (3) TMI 236

    Amnesty Scheme - proceedings u/s 29 of The HVAT Act, 2003 - Held that - As per clause-8 on acceptance of the application for Amnesty, the dealer was required to withdraw all appeals within 15 days of acceptance order. Learned counsel for the petitioner contended that appeal cannot be filed against the impugned order because of clause-8 of the Amnesty Scheme. The dispute survives only with regard to liability created on the petitioner for work con....... + More


  58. 2018 (3) TMI 235

    Claiming benefit of exemption notification issued under old act even after introduction of VAT Act - Correctness of Notification dated 14th November, 2000 - only reason to deny benefit of exemption notification is that rate of tax is different between the two Act, and therefore, the notification dated 14.11.2000 is inconsistent with the Act of 2008 - Whether the Tribunal is justified in holding that notification dated 14th November, 2000 issued b....... + More


 
 
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