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Home e-Newsletters Index Year 2018 April Day 28 - Saturday

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TMI Tax Updates - e-Newsletter
April 28, 2018

Case Laws in this Newsletter:

Income Tax Customs Corporate Laws Insolvency & Bankruptcy PMLA Service Tax Central Excise CST, VAT & Sales Tax Indian Laws



Highlights / Catch Notes

  • GST:

    GST Revenue Collections for the Financial Year 2017-18

  • Income Tax:

    Depreciation on Agmark Charges [intangible asset] - Agmark is also a kind of brand recognition therefore the same is of the nature of intangible asset on which the depreciation is to be allowed. - AT

  • Income Tax:

    Fixed place PE in India - Indo- Mauritius DTAA - if the effective management of an enterprise is not in one of the contracting state, but is situated in the third state, the benefit of article-8, cannot be extended. - AT

  • Income Tax:

    Reopening of assessment - A.O. typed the reasons but not signed the order sheet - defective notice - the notice issued u/s 148 is bad in law accordingly same is quashed and the consequent assessment order made u/s 147 r.w.s. 143 (3) is annulled - AT

  • Income Tax:

    Income from sale of leased out land - Long term capital gain or income from other sources - consideration received for relinquishing the rights in property attracted provisions of section 45(1) making it liable to capital gains tax. - AT

  • Customs:

    Valuation - import of used Hummer car under Transfer of Residence Rules - Valuation - import of used Hummer car under Transfer of Residence Rules - the plea is not acceptable as maximum allowable depreciation of 70% has been given, which is as per the Board Circular - AT

  • Customs:

    Refund - Implementation of final dated 3-6-2005 - even after lapse of 13 years from the date of this Tribunal order, High court has not granted any stay to the Revenue, therefore the order of this Tribunal is enforceable. - AT

  • DGFT:

    Onetime condonation under the EPCG Scheme – Extension till 30.09.2018 - Public Notice

  • Corporate Law:

    Scope of Practice of the Profession of Architecture - restriction on formation of ‘company’ or ‘Limited Liability Partnership’ (LLP) - the Act only prohibits the use of the title and style of 'architect' by unregistered natural persons or juristic entities. It does not prevent unregistered persons, including juristic entities, from rendering architectural services or mentioning the same as one of their objectives in their MOA. - HC

  • Indian Laws:

    Recording of Unique Identity Number of Foreign Diplomatic Missions / UN Organizations on invoices while making supplies

  • PMLA:

    Provisional attachment under PMLA Act - If the security of the Bank, is treated as proceeds of crime and is confiscated under the Act, in future, no Bank in such circumstances would make a complaint to the authorities. - AT

  • PMLA:

    Offence under PMLA Act - a woman is exempted from personal appearance u/s 160 of the Code of Criminal Procedure - the spirit of Section 160 cannot be interpreted so as to nullify or paralise an effective investigation process of cases under PMLA. - HC

  • Service Tax:

    Levy of service tax on surrender charges against ULIP - The surrender charges are not part of taxable service of management of funds. Rather it is in the nature of penalty or liquidated damages which is not a service and hence cannot be made liable for tax during the period involved - AT

  • Service Tax:

    Demand of service tax on the basis of TDS certificate/ return - Form No. 26AS - the demand of service tax is not sustainable against the appellant, as appellant falls within exemption limit of ₹ 10 lakhs - AT

  • Service Tax:

    Service tax liability on amount received in advance - receipt of advance against the supply or goods or services - Tribunal found that advance is against the supply of various equipments and plant and machinery and not for rending services - Demand set aside.

  • Service Tax:

    Classification of services - Consulting Engineering Service or otherwise - all these agreements talk about the foreign companies as “licensor” itself is revealing. In a typical agreement for consultancy service, there will be no licensor or licensee with transfer of licensed process technology or proprietary technical information. - AT

  • Service Tax:

    Nature of activity - Service or sale - transfer of "rights and privilege of export of sugar quota" - The transaction in question regarding sale of rights and privilege of export of sugar quota is sale of goods and no service is involved - AT

  • Central Excise:

    Classification of SDIC tablets (Sodium di-chloroisocynurate) - such packaging is meant for retail sale and individual tablets are in measured doses - the goods are packed in retail packing, and merits classification under heading 3808 - AT

  • VAT:

    Genuineness of Stock transfer against Form F of CST - the initial burden of proof is on the dealer to show that the movement has occasioned by reason of transfer of such goods which is otherwise than by reason of sale. - HC


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • Income Tax

  • 2018 (4) TMI 1432
  • 2018 (4) TMI 1431
  • 2018 (4) TMI 1430
  • 2018 (4) TMI 1429
  • 2018 (4) TMI 1428
  • 2018 (4) TMI 1427
  • 2018 (4) TMI 1426
  • 2018 (4) TMI 1425
  • 2018 (4) TMI 1424
  • 2018 (4) TMI 1423
  • 2018 (4) TMI 1422
  • 2018 (4) TMI 1421
  • 2018 (4) TMI 1420
  • 2018 (4) TMI 1419
  • 2018 (4) TMI 1418
  • 2018 (4) TMI 1417
  • 2018 (4) TMI 1416
  • 2018 (4) TMI 1415
  • 2018 (4) TMI 1414
  • Customs

  • 2018 (4) TMI 1436
  • 2018 (4) TMI 1435
  • 2018 (4) TMI 1438
  • 2018 (4) TMI 1434
  • 2018 (4) TMI 1433
  • 2018 (4) TMI 1437
  • Corporate Laws

  • 2018 (4) TMI 1413
  • 2018 (4) TMI 1412
  • Insolvency & Bankruptcy

  • 2018 (4) TMI 1439
  • 2018 (4) TMI 1442
  • 2018 (4) TMI 1441
  • 2018 (4) TMI 1440
  • PMLA

  • 2018 (4) TMI 1410
  • 2018 (4) TMI 1411
  • Service Tax

  • 2018 (4) TMI 1400
  • 2018 (4) TMI 1387
  • 2018 (4) TMI 1407
  • 2018 (4) TMI 1406
  • 2018 (4) TMI 1405
  • 2018 (4) TMI 1404
  • 2018 (4) TMI 1403
  • 2018 (4) TMI 1392
  • 2018 (4) TMI 1408
  • 2018 (4) TMI 1394
  • 2018 (4) TMI 1402
  • 2018 (4) TMI 1401
  • 2018 (4) TMI 1399
  • 2018 (4) TMI 1398
  • 2018 (4) TMI 1397
  • 2018 (4) TMI 1396
  • 2018 (4) TMI 1395
  • Central Excise

  • 2018 (4) TMI 1390
  • 2018 (4) TMI 1389
  • 2018 (4) TMI 1388
  • 2018 (4) TMI 1393
  • 2018 (4) TMI 1391
  • 2018 (4) TMI 1386
  • 2018 (4) TMI 1385
  • 2018 (4) TMI 1384
  • 2018 (4) TMI 1383
  • CST, VAT & Sales Tax

  • 2018 (4) TMI 1382
  • 2018 (4) TMI 1381
  • 2018 (4) TMI 1380
  • Indian Laws

  • 2018 (4) TMI 1409
 

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