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Home e-Newsletters Index Year 2018 April Day 19 - Thursday

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TMI Tax Updates - e-Newsletter
April 19, 2018

Case Laws in this Newsletter:

GST Income Tax Customs Service Tax Central Excise CST, VAT & Sales Tax Indian Laws



Highlights / Catch Notes

  • GST:

    Consumer Welfare Fund. - Deposit of amount into the fund - Payment of amount from the fund - Audit of the fund - Standing Committee of the fund - Rule 97 of the GST Rules, 2017 amended.

  • GST:

    Application for refund of tax, interest, penalty, fees or any other amount - Sub-rule (5) related to refund on account of inverted duty structure amended - See Rule 89 of the GST Rules, 2017

  • GST:

    Seizure order - wrong mention of the provision - even if the seizure is treated to be under Section 129(1) of the Central G.S.T., as there was no provision of E-Way bill on the relevant date under the Central G.S.T. prima facie the seizure appears to be illegal - HC

  • Income Tax:

    Levy of penalty u/s 271B - assessee did not file tax audit report u/s.44AB before the due date of filing of return of income 139(1) - since the audit report was obtained before the due date and furnished before the AO when asked, No penalty in view the circular - AT

  • Income Tax:

    Treating loss from derivative transactions as loss from speculation business - No doubt, if the said loss is incurred from derivative transactions, the same would not be speculation loss in terms of section 43(5)(d) of the Act. - AT

  • Income Tax:

    Penalty u/s 271(1)(c) - The assessee had short term capital gain on sale of land which was wrongly claimed as long term capital gain by substituting year of acquisition as 1999 instead of 2004 and said mistake was not brought to the notice of AO suo moto. In this background penalty was confirmed - penalty deleted since the assessee had a bonafide belief - AT

  • Income Tax:

    Disallowance made u/s 35(1)(ii) - weighted deduction - scientific research organization donation made - eligibility criteria - There is absolutely no provision for withdrawal of recognition u/s 35(1)(ii) of the Act. - AT

  • Income Tax:

    Withholding tax on payment of legal representation charges to Simpson & Grierson, New Zealand - assessee has to prove that the services were rendered outside India and the same was utilized outside India and the payee is having no business or business connection in India. - AT

  • Income Tax:

    Revision u/s 263 - Explanation 2(d) under section 263 specifically states that revision is possible only due to judgments of the jurisdictional High Court or supreme court. - as there were two views were available, the Ld. CIT should not be allowed to invoke the powers u/s.263. - If the answer of the above refereed question held as yes, then the Ld. CIT will invoke power in each and every cases and will create a huge mess. - AT

  • Customs:

    Electronic evidences - Section 138C of Customs Act, 1962 - it is found that the entire case proceeded on the basis of the electronic documents as evidence. But the investigating officers had not taken pain to comply with the provisions of the law to establish the truthfulness of the documents and merely proceeded on the basis of the statements. Hence, the evidence of electronic devices, as relied upon by the adjudicating authority cannot be accepted. - AT

  • Customs:

    Valuation of import goods - Even taking it for granted that the appellant has not filed any proof of document, viz., protest letter or representation against the excess payment, department is not entitled to collect amount, not exceeding 20% of the free on board value (FOB Value) of goods. - HC

  • Service Tax:

    Commercial training and coaching Service - AIU is a statutory authority, competent to recognize any degree awarded by a foreign university and thus, the services provided by the respondent therein should be excluded from the purview of taxable service of commercial training and coaching service, for the levy of service tax - AT

  • Service Tax:

    Valuation - no service tax liability would arise in respect of passenger service fee, being collected by the assessee on behalf of the Airport Authority of India and being paid by it to the said authority - demand set aside. - AT

  • Service Tax:

    Levy of service tax - renting of immovable property service - Joint Venture (JV) agreement - sharing of revenue is not a consideration for rendition of any services - demand set aside - AT

  • Service Tax:

    Erection, commissioning or installation service - Since the appellant admittedly provide works contract service and the definition of works contract service specifically excludes railway from its purview for levy of Service Tax, the activities provided pursuant to the contract even after 01.06.2007 cannot be taxed under the work contract service. - AT

  • Service Tax:

    Commercial Training and Coaching Institute - appellant provides coaching for preparation of competitive exams conducted by the UPSC and MPSPC - Clearly the Appellants are running parallel college for imparting education in degree/ diploma recognized by the law and cannot be differentiated with the other courses run by the regular courses - benefit of exemption from service tax allowed - AT

  • Central Excise:

    CENVAT credit - premium paid for group medi-claim policies for employees' family members - the employee is earning not for himself but also for the family members - credit allowed - AT


Articles


Notifications


News


Case Laws:

  • GST

  • 2018 (4) TMI 886
  • Income Tax

  • 2018 (4) TMI 884
  • 2018 (4) TMI 883
  • 2018 (4) TMI 882
  • 2018 (4) TMI 881
  • 2018 (4) TMI 880
  • 2018 (4) TMI 879
  • 2018 (4) TMI 878
  • 2018 (4) TMI 877
  • 2018 (4) TMI 876
  • 2018 (4) TMI 875
  • 2018 (4) TMI 874
  • 2018 (4) TMI 873
  • 2018 (4) TMI 872
  • 2018 (4) TMI 871
  • 2018 (4) TMI 870
  • 2018 (4) TMI 869
  • 2018 (4) TMI 868
  • 2018 (4) TMI 867
  • 2018 (4) TMI 866
  • 2018 (4) TMI 865
  • 2018 (4) TMI 864
  • 2018 (4) TMI 863
  • 2018 (4) TMI 885
  • 2018 (4) TMI 862
  • 2018 (4) TMI 861
  • 2018 (4) TMI 860
  • 2018 (4) TMI 859
  • Customs

  • 2018 (4) TMI 856
  • 2018 (4) TMI 858
  • 2018 (4) TMI 857
  • 2018 (4) TMI 855
  • 2018 (4) TMI 854
  • 2018 (4) TMI 853
  • 2018 (4) TMI 852
  • Service Tax

  • 2018 (4) TMI 850
  • 2018 (4) TMI 849
  • 2018 (4) TMI 848
  • 2018 (4) TMI 847
  • 2018 (4) TMI 846
  • 2018 (4) TMI 845
  • 2018 (4) TMI 844
  • 2018 (4) TMI 843
  • 2018 (4) TMI 842
  • 2018 (4) TMI 841
  • 2018 (4) TMI 840
  • 2018 (4) TMI 839
  • 2018 (4) TMI 838
  • 2018 (4) TMI 837
  • 2018 (4) TMI 836
  • 2018 (4) TMI 835
  • 2018 (4) TMI 834
  • Central Excise

  • 2018 (4) TMI 833
  • 2018 (4) TMI 832
  • 2018 (4) TMI 831
  • 2018 (4) TMI 830
  • 2018 (4) TMI 829
  • 2018 (4) TMI 828
  • 2018 (4) TMI 827
  • 2018 (4) TMI 826
  • 2018 (4) TMI 824
  • 2018 (4) TMI 823
  • 2018 (4) TMI 822
  • 2018 (4) TMI 821
  • 2018 (4) TMI 820
  • 2018 (4) TMI 819
  • 2018 (4) TMI 818
  • 2018 (4) TMI 817
  • 2018 (4) TMI 816
  • 2018 (4) TMI 815
  • 2018 (4) TMI 814
  • CST, VAT & Sales Tax

  • 2018 (4) TMI 813
  • Indian Laws

  • 2018 (4) TMI 851
 

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