TMI Tax Updates - e-Newsletter
April 9, 2015
Case Laws in this Newsletter:
TMI SMS
TMI Short Notes
Service Tax:
Summary: An appeal cannot be filed by a party on entirely different grounds if the decision is in their favor, as established in the SRF Industrial Fabrics case. Similarly, if a decision is favorable to the department, the department cannot challenge it, as seen in the Thermo Plast case. However, the Supreme Court in the XEN, Central Workshop case allowed for appeals if there are unresolved issues not considered in the original decision, permitting the appellant to address these issues when they arise.
Service Tax:
Summary: An appeal filed by a party other than the aggrieved one is not maintainable. In a case involving the Uttar Pradesh State Road Transport Corporation, the Supreme Court of India upheld the High Court's decision that the appellant lacked the standing to file an appeal or writ petition. The court emphasized that the aggrieved parties, such as private bus operators affected by tax demands, must initiate any challenges. These parties can pursue statutory remedies under the Finance Act, 1994, to address their grievances and raise relevant legal issues.
Service Tax:
Summary: An appeal cannot be restored by filing a fresh appeal if it was previously rejected. In the case of Sterlite Industries India Ltd., it was established that once an appeal is rejected by the Tribunal, there is no provision for its restoration. Similarly, in the case of Air India Ltd., it was determined that once a Tribunal's order becomes final and is not further appealed, any new appeal against the same order is not permissible. The issue has been decisively settled, and there is no basis to entertain new appeals in such situations.
Service Tax:
Summary: In the case of Mafatlal Industries Ltd., the Supreme Court of India held that an assessee cannot generally reopen proceedings that have been concluded against them based on a favorable decision in another assessee's case. Once an order becomes final for an assessee, it remains in effect unless it is specifically recalled or set aside in their own case. This principle emphasizes the finality of concluded proceedings and limits the reopening of cases based on external favorable rulings.
Service Tax:
Summary: A decision by a jurisdictional court, even if incorrect, becomes binding on the parties if not appealed, as demonstrated in the Standard Pencils case. This principle is reinforced by the Moti Laminates case, where the Supreme Court upheld a High Court decision on classification due to the absence of an appeal, rendering it final and binding. Such decisions can only be altered through appeals to higher tribunals or other legal procedures like reviews. Therefore, parties must adhere to a court's decision unless it is successfully challenged through the appropriate legal channels.
Service Tax:
Summary: An order becomes final if no appeal is filed against it, as demonstrated in the case of J P Tobacco Products Pvt. Ltd., where the Tribunal's order was not appealed by the Revenue, thus attaining finality. Similarly, in Malabar Rural Industries, the Tribunal's remand order focused solely on recalculating duty, with no contest on the case's merits. The appellants did not challenge the merits, and the authorities adhered to the remand directions without expanding them. Consequently, the appellants cannot later contest the merits, as the opportunity to do so was not utilized.
Service Tax:
Summary: A right to appeal is not an inherent right and does not automatically exist unless explicitly provided by statute. The Supreme Court has clarified that natural justice does not necessitate a right to appeal from any decision. The appellate forum's powers and procedures are determined by the statutory provisions that establish such rights. An appeal must be traceable to statutory provisions, and the absence of an appeal provision does not prevent an order from becoming final. Errors in quoting provisions do not affect the maintainability of an appeal if the order is otherwise subject to appeal.
Service Tax:
Summary: The expression "reason to believe" in the context of search and seizure provisions requires that the formation of opinion, though subjective, must be grounded on material evidence and not be arbitrary or whimsical. In the case of N Nagendra Rao & Co, it was emphasized that this serves as a check on the power to seize goods. Similarly, in Lekhmani Mewal Das, it was established that the belief must be held in good faith, with reasons having a rational connection or relevant bearing on the belief, ensuring they are not extraneous or irrelevant.
Articles
By: SAKTHIVEL PONNUSWAMY
Summary: The export documentation process involves several steps. Initially, the export consignment is cleared from the factory with documents like the commercial invoice, packing list, and various certificates. At the customs station, the Customs House Agent (CHA) submits these documents to file a shipping bill, which is approved after inspection. The cargo is then handed over to the carrier, which issues a bill of lading. Once the goods cross the customs frontier, an Export General Manifest (EGM) is filed, and an Export Promotion (EP) copy is issued for claiming export benefits. Exporters must obtain a Bank Realisation Certificate (BRC) from the bank to confirm receipt of export proceeds. The process is increasingly managed online, with eBRCs replacing traditional BRCs.
By: DEVKUMAR KOTHARI
Summary: The Finance Bill 2015 proposes amendments to the Income Tax Act, specifically section 271, regarding penalties for concealing income or providing inaccurate income details. The new Explanation 4 introduces a formula to determine the tax amount sought to be evaded, considering various scenarios like income concealment, loss reduction, and tax on book profit. The amendments, effective from April 1, 2016, aim to clarify penalty calculations. However, the author argues that penalties in cases of loss or where no tax is due are unjustified, as penalties should not apply when there is no tax liability. Additionally, penalties on provisional tax collections like MAT are questioned.
By: Bimal jain
Summary: The article discusses the changes in the time limit for availing Cenvat credit on input services and inputs, particularly concerning invoices issued before March 1, 2015. Initially, there was no time limit for claiming Cenvat credit, but from September 1, 2014, a six-month limit was imposed. This raised questions about its applicability to older invoices. The Central Board of Excise and Customs clarified that credit must be claimed within six months of the document's issue date. However, the extension of this limit to one year from March 1, 2015, led to further uncertainty regarding invoices issued before this date. The Board is urged to clarify these issues.
News
Summary: The utility for e-filing Service Tax Return ST-3 for the period from October 2014 to March 2015 is now available. The deadline for filing the return is April 25, 2015. Taxpayers can file their returns online or use the offline utility. The utility can be downloaded from the specified government website or the 'DOWNLOADS' section of the ACES website.
Summary: Indian Railways reported a 12.16% increase in total revenue earnings for the financial year 2014-15, reaching approximately Rs. 157,880.50 crore, up from Rs. 140,761.27 crore the previous year. Revenue from goods rose by 12.76% to Rs. 107,074.79 crore, while passenger revenue increased by 14.38% to Rs. 42,866.33 crore. Earnings from other coaching services grew by 5.70% to Rs. 4,035.56 crore. However, the total number of passengers booked decreased by 2.34% to 8,227.99 million, with suburban and non-suburban sectors experiencing declines of 1.00% and 3.91%, respectively.
Summary: The Prime Minister of India and the German Chancellor are set to inaugurate the India Pavilion at the Hannover Messe 2015, the world's largest industrial fair. As the official Partner Country, India aims to showcase its technological expertise and investment opportunities under the "Make in India" initiative. The event will feature over 350 Indian companies and several government ministries highlighting sectors such as biotechnology, renewable energy, and IT. The fair will also host the Indo-German Business Summit, focusing on economic collaboration. The initiative seeks to position India as a global manufacturing hub and attract international investment.
Summary: The Prime Minister announced the launch of the Pradhan Mantri Mudra Yojana, aimed at providing financial support to small entrepreneurs in India. The initiative addresses the needs of approximately 5.77 crore small business units, which employ 12 crore people but have limited access to institutional finance. MUDRA Bank will offer loans ranging from Rs. 50,000 to Rs. 10 lakh to micro enterprises, categorized under Shishu, Kishor, and Tarun stages. The scheme seeks to empower small businesses, particularly those owned by marginalized communities, by combining integrity with capital to foster economic growth and reduce reliance on moneylenders.
Summary: The Reserve Bank of India set the reference rate for the US Dollar at Rs. 62.3295 on April 8, 2015, a slight decrease from Rs. 62.3321 on April 7, 2015. Corresponding exchange rates for other currencies against the Rupee were also adjusted: 1 Euro was Rs. 67.5963, down from Rs. 68.0791; 1 British Pound was Rs. 92.5281, down from Rs. 92.8312; and 100 Japanese Yen was Rs. 51.98, down from Rs. 52.14. The Special Drawing Rights (SDR) to Rupee rate will be determined based on this reference rate.
Summary: The Income Computation Disclosure Standards (ICDS) VII, issued by the Central Board of Direct Taxes (CBDT), outlines the treatment of government grants for entities following the mercantile accounting system, effective from April 1, 2015. It covers grants such as subsidies, cash incentives, and duty drawbacks. Grants related to depreciable assets are deducted from the asset cost, while those for non-depreciable assets are recognized as income over the period of obligation costs. Refunds of grants are adjusted against unamortized deferred credits or charged to profit and loss accounts. Disclosures must include the nature and extent of grants recognized.
Summary: The Cabinet Committee on Economic Affairs, led by the Prime Minister, approved significant foreign investments in Aurobindo Pharma Ltd. and Glenmark Pharmaceutical Ltd. Aurobindo Pharma will receive up to Rs. 2165 crore from Qualified Institutional Buyers, increasing its foreign institutional investor shareholding to 34.32%. Glenmark Pharmaceuticals raised its foreign investment limit from 35.07% to 49%, resulting in an inflow of about Rs. 2022 crore. Both companies, with a strong global presence, must continue producing essential medicines and maintain R&D expenditure levels. These investments highlight international confidence in India's pharmaceutical sector and support the government's Make in India initiative.
Summary: The Union Cabinet approved an additional installment of Dearness Allowance (DA) for Central Government employees and Dearness Relief (DR) for pensioners, effective from January 1, 2015. The increase is six percent over the existing rate, raising DA/DR to 113 percent of the basic pay. This adjustment follows the 6th Central Pay Commission's recommendations. The financial impact on the exchequer is estimated at Rs. 6,762.24 crore annually and Rs. 7,889.34 crore for the 2015-16 fiscal year. Approximately 48 lakh government employees and 55 lakh pensioners will benefit from this decision.
Notifications
Customs
1.
10/2015 - dated
7-4-2015
-
ADD
Seeks to levy anti-dumping duty on import of Poly Vinyl Chloride Resin, originating in or exported from Norway and Mexico.
Summary: The Government of India has imposed an anti-dumping duty on the import of Poly Vinyl Chloride Paste Resin from Norway and Mexico. This decision follows findings that these imports were priced below normal value, causing material injury to the domestic industry. The duty, detailed in a table specifying origin, export country, producer, exporter, and amount, is set to be effective for five years. The duty is payable in Indian currency, with the exchange rate determined by the rate specified in notifications under the Customs Act. The measure aims to protect the domestic market from unfair trade practices.
2.
09/2015 - dated
7-4-2015
-
ADD
Seeks to levy anti-dumping duty on import of Flexible Slabstock Polyol of molecular weight 3000-4000, originating in or exported from Australia, EU and Singapore.
Summary: The Government of India has imposed an anti-dumping duty on the import of Flexible Slabstock Polyol with a molecular weight of 3000-4000, originating from Australia, the European Union, and Singapore. This measure follows findings that these imports were being dumped at prices below normal value, causing material injury to the domestic industry. The duty rates vary by country, with amounts set at 135.96 USD/MT for Australia, 154.94 USD/MT for the European Union, and 67.79 USD/MT for Singapore. The duty will be effective for five years, subject to currency exchange rates as specified by the Ministry of Finance.
3.
08/2015 - dated
7-4-2015
-
ADD
Seeks to extend the validity of notification No 12/2012- Customs (ADD) dated 08.02.2012 for a further period of one year.
Summary: The Government of India, through the Ministry of Finance, has extended the validity of Notification No. 12/2012-Customs (ADD) dated February 8, 2012, which imposes an anti-dumping duty on "Coumarin" originating from or exported from China. This extension, recommended by the designated authority, is for an additional year, until March 22, 2016, unless revoked earlier. This action is in accordance with the Customs Tariff Act, 1975, and relevant rules, aiming to continue the protection against dumping practices that could harm domestic industries.
4.
36/2015 - dated
7-4-2015
-
Cus (NT)
Amends Notification No. 12/97-CUSTOMS (N.T.), dated the 2nd April 1997
Summary: The Government of India, through the Central Board of Excise and Customs, has issued Notification No. 36/2015-Customs (N.T.) amending the earlier Notification No. 12/97-CUSTOMS (N.T.) from April 2, 1997. This amendment, effective from April 7, 2015, adds Khurja in District Bulandshahr, Uttar Pradesh, to the list of locations where the unloading of imported goods and loading of export goods is permitted. This change is part of the ongoing updates to customs regulations to facilitate trade operations at designated inland container depots and land customs stations.
DGFT
5.
02 /2015-2020 - dated
7-4-2015
-
FTP
Export Policy of Onions- reduction in Minimum Export Price (MEP)
Summary: The Government of India has amended the export policy for onions, reducing the Minimum Export Price (MEP) from US$ 300 to US$ 250 per metric ton. This change applies to all onion varieties listed under Serial Numbers 51 and 52 of Chapter 7 in Schedule 2 of the ITC (HS) classification of Export & Import Items. The export of these onions will be permitted only on a Letter of Credit basis, effective immediately. This amendment modifies previous notifications and aims to regulate the export pricing of onions.
Income Tax
6.
112/2015 - dated
11-2-2015
-
IT
U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On – Shri Annapurna Trust, Gujarat
Summary: The Central Government has extended the eligibility of the "Shri Annapurna Trust" project in Gujarat under section 35AC of the Income-tax Act, 1961. Initially notified in 2011 with an estimated cost of 64.30 lakh for three years ending in the financial year 2013-14, the project is now extended for an additional three years from 2014-15 to 2016-17. The project's cost has been revised to 1.00 crore, following recommendations from the National Committee for Promotion of Social and Economic Welfare, indicating the project's proper execution and anticipated continuation beyond the initial period.
7.
111/2015 - dated
11-2-2015
-
IT
U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On – Sundaram Medical Foundation, Tamil Nadu
Summary: The Central Government has extended the eligibility of the "SMF-CANSTOP [Cancer Support Therapy to overcome pain]" project by Sundaram Medical Foundation, Tamil Nadu, as an eligible project under section 35AC of the Income-tax Act, 1961. Initially notified in 2005 and extended twice, the project is now approved for an additional three years, covering financial years 2014-15 to 2016-17, with no change in the approved cost of 121 lakh. This decision follows a recommendation by the National Committee for Promotion of Social and Economic Welfare, acknowledging the project's proper execution.
8.
110/2015 - dated
11-2-2015
-
IT
U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On –Jain Social Federation's Anandrishiji Hospital & Medical Research Centre, Maharashtra
Summary: The Central Government has extended the eligibility of the project "Purchase and installation of plant and machinery, expansion of infrastructure" by a hospital and medical research center in Maharashtra under Section 35AC of the Income-tax Act, 1961. Initially notified in 2007 and extended twice, the project is now approved for an additional three years starting from the financial year 2014-15, with no change in the approved cost of 11.30 crore. The extension follows a recommendation by the National Committee for the Promotion of Social and Economic Welfare, confirming the project's proper execution.
9.
109/2015 - dated
11-2-2015
-
IT
U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On – Cancer Patients Aid Association, Mumbai
Summary: The Central Government has extended the eligibility of the Cancer Patients Aid Association's project under Section 35AC of the Income-tax Act, 1961. The project involves renovating the Cancer Detection Unit in Mumbai and conducting cancer awareness, education, and detection camps in various locations in Maharashtra. Initially approved in 1997, the project has received multiple extensions, with the latest extension covering the financial years 2014-15 to 2016-17. The approved cost remains 365.67 lakh. The extension follows recommendations from the National Committee for Promotion of Social and Economic Welfare, confirming the project's proper execution.
10.
108/2015 - dated
11-2-2015
-
IT
U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On – Amar Seva Sangam, Tamil Nadu
Summary: The Central Government has extended the eligibility of the "Valley for the Disabled" project by an organization in Tamil Nadu under Section 35AC of the Income-tax Act, 1961. Initially approved in 2011 for three years, the project will continue for an additional three years starting from the financial year 2014-15 to 2016-17. The estimated costs remain at 8.76 crore for recurring expenses and 26.90 crore as a corpus fund. This extension follows a recommendation by the National Committee for Promotion of Social and Economic Welfare, confirming the project's proper execution.
11.
107/2015 - dated
11-2-2015
-
IT
U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On – Delhi Association of the Deaf, New Delhi
Summary: The Central Government has extended the eligibility of the "Research and Rehabilitation Centre for the Deaf" project by the Delhi Association of the Deaf in New Delhi under section 35AC of the Income-tax Act, 1961. Initially notified in 1992, the project has received multiple extensions, with the latest covering the financial years 2014-15 and 2015-16. The approved cost remains 1 crore. The National Committee for the Promotion of Social and Economic Welfare recommended this extension, acknowledging the project's proper execution. No tax exemption is available for the financial year 2013-14, as it has already lapsed.
12.
106/2015 - dated
11-2-2015
-
IT
U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On –National Association for the Blind, Gujarat
Summary: The Central Government has extended the eligibility of the "Rehabilitation and Education of the blind in Gujarat State" project, executed by the National Association for the Blind, Gujarat, for an additional three years starting from the financial year 2014-15. Initially notified in 1997 and extended multiple times, the project has seen its estimated cost increase from 54.45 lakh to 3.43 crore over the years. The extension is based on the recommendation of the National Committee for the Promotion of Social and Economic Welfare, confirming the project's proper execution without altering the approved cost.
13.
105/2015 - dated
11-2-2015
-
IT
U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On –Delhi Council for Child Welfare, Delhi
Summary: The Central Government has amended a previous notification regarding eligible projects under Section 35AC of the Income-tax Act, 1961, related to the Delhi Council for Child Welfare. Initially notified in 2007 and extended twice, the project includes various welfare programs such as training centers and adoption programs. The project cost has been revised from 10.83 crore to 16.26 crore following a recommendation by the National Committee for Promotion of Social and Economic Welfare. This amendment allows for the increased cost to be considered for tax deduction purposes under the specified section of the Income-tax Act.
14.
104/2015 - dated
11-2-2015
-
IT
U/s. 35AC, IT ACT, 1961 - Eligible Projects Or Schemes, Expenditure On –Hinduja Foundation, Mumbai
Summary: The Central Government has extended the "Dharam Hinduja Merit-cum-means scholarship" project by the Hinduja Foundation in Mumbai for an additional three years, covering the financial years 2014-15 to 2016-17. Initially approved in 2011 under Section 35AC of the Income-tax Act, 1961, with an estimated cost of 3.10 crore, the project was recognized for its proper execution by the National Committee for Promotion of Social and Economic Welfare. The extension maintains the original budget and aims to continue supporting the scholarship scheme beyond its initial three-year term, which concluded in the financial year 2013-14.
Circulars / Instructions / Orders
FEMA
1.
94 - dated
8-4-2015
Foreign Direct Investment (FDI) in India – Review of FDI policy –Sector Specific conditions- Insurance sector
Summary: The circular addresses the revised Foreign Direct Investment (FDI) policy in India's insurance sector, increasing the permissible FDI limit from 26% to 49%. Investments up to 26% are allowed under the automatic route, while those exceeding 26% require government approval. The policy mandates compliance with the Insurance Act, 1938, and requires companies to obtain licenses from the Insurance Regulatory and Development Authority of India. It also emphasizes that Indian insurance companies must remain under Indian ownership and control. The circular includes definitions of key terms and references relevant regulations and amendments.
Highlights / Catch Notes
Income Tax
-
Understanding "Residing" in Section 10(26) of Income Tax Act: Tax Exemption for Scheduled Tribes and Compliance Needs.
Case-Laws - HC : Exemption u/s 10(26) - scope and ambit of the words “residing” in the opening portion of section 10(26) - A member of Scheduled Tribe is bound to obtain a certificate of exemption in terms of Section 197 for no TDS - HC
-
Section 69: Deemed Income for Hindu Undivided Families with Insufficient Explanation, No Need for Further Investigation.
Case-Laws - HC : Additions u/s 69 - So long as the explanation is not sufficient and it can be termed as deemed income of HUFs, it is not necessary to further examine the aspect as to whether there was any income earned by the Company and as to whether there was diversion of money to the HUFs or not? - HC
-
High Court Rules Tax Status of Recipients Irrelevant in Deductibility of Commissions u/s 40A(2)(b.
Case-Laws - HC : Disallowance u/s40A(2)(b) - commission paid to his son, daughter and daughters-in-law - the fact that the recipients of the alleged commission in the present case had paid tax at the highest level is irrelevant to the question whether the appellant was entitled to deduct the amounts paid to them as commission - HC
-
High Court Rules AO Cannot Disallow Partner's Salary u/s 40A(2)(b) as Excessive Without Justification.
Case-Laws - HC : Disallowance u/s 40A(2)(b) - huge salary paid to partner - it is not that the said person was taxed at a lower rate than that of the assessee-firm - the AO could not substitute the wisdom of the partners of the firm to hold that the salary was excessive and unreasonable - HC
-
High Court Rules CIT Cannot Invoke Section 263; Case Remanded for Assessing Authority to Determine Income Nature.
Case-Laws - HC : Revision u/s 263 - CIT was not able to make up his mind and he has remanded the matter back to the Assessing Authority to find out whether it constitutes capital gain or business income. Thus Commissioner had no justification to invoke Section 263 - HC
-
High Court Orders CIT to Reassess Trust's Section 12AA Registration Amid Pending Dissolution Clause Amendment Before Charity Commissioner.
Case-Laws - HC : Registration certificate under Section 12AA - the respondent-trust had already applied for amendment in the trust deed providing "dissolution clause" and the same is pending before the learned Charity Commissioner - CIT to reconsider the request - HC
-
Beneficiaries Not an AOP: No Common Investment Purpose in Trust Mezzanine Funds.
Case-Laws - AT : Trust - The beneficiaries have not set up the Trust. Therefore it cannot be said that the beneficiaries have come together with the object of carrying on investment in mezzanine funds which is the object of the trust. The beneficiaries are mere recipients of the income earned by the trust. They cannot therefore be regarded as an AOP - AT
-
Unexplained Cash Credit u/s 68: Scrip Trades at 50x Face Value, Suggests Possible Price Manipulation and Paper Company Concerns.
Case-Laws - AT : Unexplained cash credit u/s.68 - For a scrip to trade at nearly 50 times its’ face value, only a few months after its issue, only implies, if not price manipulation, trail blazing performance and/or great business prospects is conspicuous by its absence, i.e., even years after the transaction/s - The company is, by all counts, a paper company - AT
-
TDS on Channel Placement Charges: Dubbing Services Payments Subject to Section 194C, Not 194J of Income Tax Act.
Case-Laws - AT : TDS - payment of channel placement charges to cable operators/MSOs - assessee had thus carried out the work of dubbing by engaging services and the same was of the nature of getting work done through a sub-contractor - TDS to be deducted u/s 194C and not u/s 194J - AT
Customs
-
Refund Denied in Customs Case Due to Lack of Evidence Against Unjust Enrichment Claim; Inference by Cost Accountant Insufficient.
Case-Laws - AT : Refund - Unjust enrichment - he records maintained did not reflect the duty paid on the raw materials as the amount due/receivable from the department. In the absence of such an evidence, an inference drawn by the Cost Accountant cannot be said to be reasonable rebuttal of the statutory presumption - refund denied - AT
Service Tax
-
Court Rules Cord Blood Bank Service Exemption Applies Prospectively, Not Retrospectively, Regarding Stem Cell Preservation Services.
Case-Laws - HC : Exemption to Services provided by cord blood banks by way of preservation of stem cells or any other service in relation to such preservation - Retrospective or prospective - it cannot be considered as clarificatory in order to give retrospective effect - HC
-
Court Declines to Intervene in CENVAT Credit Show Cause Notice Case, Directs Issue to Appellate Tribunal.
Case-Laws - HC : Challenge to the show cause notice - CENVAT Credit - no reason to interfere at this stage in exercise of our extra-ordinary jurisdiction when the issue can be raised before the appellate Tribunal - HC
-
Court Denies CENVAT Credit for Catering, Photography, Tent Services as Non-Input for Coaching Services.
Case-Laws - HC : CENVAT Credit - Commercial training and coaching services - Once the students pass their coaching classes, the activities of catering, photography and tent services cannot be said to have been used to provide output service - benefit of credit denied as not an input service - HC
Central Excise
-
Court Questions MRP Levy on Imported Auto Parts u/s 4A of Central Excise Act; Initial Ruling Unfavorable to Appellant.
Case-Laws - AT : Marketibility of goods - sale of spare part of automobile procured locally and imported after packing or unpacking - MRP based levy u/s 4A - prima facie case is against the appellant - AT
VAT
-
Court Rules Haryana Can't Levy VAT on SIM Activation; Refund to Service Tax Department Ordered Under Article 265.
Case-Laws - HC : Claim of refund - activation of SIM cards - levy and collection of VAT is without authority of law and violative of Article 265 of the Constitution of India. - Authority of state to levy VAT - State of Haryana shall transfer the amount of VAT collected from the petitioner to the Service Tax Department of the Union of India - HC
-
Railway Honeycomb Partition Frames Classified Under Entry No.76 for VAT and Sales Tax Purposes Under KVAT Act.
Case-Laws - HC : Classification of goods - the honeycomb partition frames manufactured and supplied by the assessee to the railways, form part of a rail coach and falls within Entry No.76 to the Third Schedule of the KVAT Act. - HC
9911796707
