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Tax Updates - TMI e-Newsletters

Home e-Newsletters Index Year 2018 April Day 5 - Thursday

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TMI Tax Updates - e-Newsletter
April 5, 2018

Case Laws in this Newsletter:

Income Tax Customs Service Tax Central Excise



Highlights / Catch Notes

  • Income Tax:

    TDS u/s 194C OR 194I - payment made by assessee to the Carrier under the contracts for transporting the petroleum products in the business in which the respondent assessee is engaged - the contract involved exclusive use of vehicles by the respondent assessee in carrying on its business - TDS would be deducted u/s 194C - HC

  • Income Tax:

    Refund of amount deducted from the petitioner account due to garnishee proceedings - the action of the Department is illegal, arbitrary and totally unauthorized in the peculiar facts and circumstances, since amount was recovered by the respondent Income Tax Department therefore the Department is liable to pay the said amount with interest at the rate applied - HC

  • Income Tax:

    Rate of depreciation on UPS - UPS also can be considered as a computer if it is connected to the ATM Machine or a Computer and depreciation thereon is allowable at 60%. AO is directed to verify if the UPS are used for the functioning of the ATM and allow depreciation accordingly. - AT

  • Income Tax:

    Nature of expenditure on leased premises for office use - the expenditure incurred on false ceiling as well as partition, glass etc., cannot be held to be creating any asset of an enduring nature - to be allowed as revenue expenditure - AT

  • Customs:

    Non-levy of additional duty of customs to jute importers from Nepal u/s 28 A of Customs Act, 1962 - period from the 17th July, 2015 to the 15th December, 2016 - retrospective exemption

  • Service Tax:

    Appointment of adjudicating authorities - only if similar show cause notices are issued to the same noticee by different adjudicating authorities, all such notices would be adjudicated by one adjudicating authority, i.e. the officer competent to decide the case involving the highest amount of duty. The challenge to the order dated 16.09.2015 also fails - The challenge to the order fails - HC

  • Service Tax:

    Service tax liability - the consideration received by the respondent is towards sale of Developmental Rights to the land and cannot be considered as commission for real estates agents services - AT

  • Service Tax:

    Revenue entertained a view that the appellant was promoting activities of the franchisee by wearing franchisee's official cricket clothing, displaying franchisee's mark/ logo etc. which was nothing but akin to promotion or marketing of the logo/ brands/ marks of the franchisee/ sponsor - No service was provided by the player, nor requiring him to discharge any service tax. - AT

  • Service Tax:

    Refund of unutilized Cenvat credit - invoices do not contain PAN based registration number - invoices having wrong address - the mistakes committed on the said invoices were of minor nature, such as mistake of writing sector number or addresses etc. and they were rectifiable - credit allowed - AT

  • Central Excise:

    Refund of duty - the relevant date will be the date of adjustment of the duty after final assessment made thereof. The restrictions in Section 11A and Section 11B would not apply to refund claims consequent upon finalisation of provisional assessment orders. - HC

  • Central Excise:

    Clandestine removal - pen drives recovered from the premises of an independent trader - the documents recovered from the premises of the third parties are required to be dealt with, with a caution and requires further corroboration in the shape of the evidences directly related to the manufacturing units in question - demand set aside - AT

  • Central Excise:

    CENVAT credit - duty paying documents - Xerox copies of courier Bill of Entry - there was no scope for issuing the original invoice in favour of each and every party and credit should not be denied - credit to be allowed - AT

  • Central Excise:

    Excisability - Conversion of imported oil into edible oil - As far the report, the imported oil can never be converted into edible oil and the said report defaces the Revenue's entire stand - AT


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • Income Tax

  • 2018 (4) TMI 132
  • 2018 (4) TMI 131
  • 2018 (4) TMI 130
  • 2018 (4) TMI 129
  • 2018 (4) TMI 128
  • 2018 (4) TMI 127
  • 2018 (4) TMI 126
  • 2018 (4) TMI 125
  • 2018 (4) TMI 124
  • 2018 (4) TMI 123
  • 2018 (4) TMI 122
  • 2018 (4) TMI 121
  • 2018 (4) TMI 142
  • 2018 (4) TMI 141
  • 2018 (4) TMI 140
  • 2018 (4) TMI 139
  • 2018 (4) TMI 120
  • 2018 (4) TMI 138
  • 2018 (4) TMI 137
  • 2018 (4) TMI 136
  • 2018 (4) TMI 135
  • 2018 (4) TMI 134
  • 2018 (4) TMI 133
  • Customs

  • 2018 (4) TMI 118
  • 2018 (4) TMI 119
  • 2018 (4) TMI 117
  • Service Tax

  • 2018 (4) TMI 115
  • 2018 (4) TMI 116
  • 2018 (4) TMI 114
  • 2018 (4) TMI 113
  • 2018 (4) TMI 112
  • 2018 (4) TMI 111
  • 2018 (4) TMI 110
  • 2018 (4) TMI 109
  • Central Excise

  • 2018 (4) TMI 108
  • 2018 (4) TMI 107
  • 2018 (4) TMI 106
  • 2018 (4) TMI 105
  • 2018 (4) TMI 104
  • 2018 (4) TMI 103
  • 2018 (4) TMI 102
  • 2018 (4) TMI 101
  • 2018 (4) TMI 100
  • 2018 (4) TMI 99
 

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