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Tax Updates - TMI e-Newsletters

Home e-Newsletters Index Year 2018 May Day 25 - Friday

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TMI Tax Updates - e-Newsletter
May 25, 2018

Case Laws in this Newsletter:

Income Tax Customs Service Tax Central Excise CST, VAT & Sales Tax



Highlights / Catch Notes

  • Income Tax:

    Recovery of tax dues - Withdrawal of amount from the petitioner’s Bank account - the power of attachment of the Bank accounts and other immovable properties can always be exercised - Withdrawal of the amount must be rare and exceptional - HC

  • Income Tax:

    Reopening of assessment u/s 147 - the duty of the AO is only to primafacie establish that income chargeable to tax has escaped assessment - it would not be his duty to demonstrate with certainty that invariably upon reassessment additions would be stand - HC

  • Income Tax:

    Reopening of assessment u/s 147 - Computation of book profits u/s 115JB - MAT - if AO during scrutiny assessment notices a claim of exemptions made by the assessee having some prima facie doubt and asking the assessee to satisfy him with respect to such a claim and thereafter, does not make any addition in the final order of assessment, he can be stated to have formed an opinion whether or not in the final order he gives his reasons for not making the addition - HC

  • Income Tax:

    Failure to produce the books of account and audit report u/s 44AB - the contentions of the assessee that since no books of account have been prepared, therefore could not be audited is not accepted - Penalty u/s 271B confirmed - AT

  • Service Tax:

    Simultaneous penalty u/s 76 and 78 - proviso to Section 78 made it explicit which was till then implicit - simultaneous penalty under section 76 and 78 of the Finance Act, 1994 cannot be imposed - HC

  • Service Tax:

    Levy of Service tax - Supply of Tangible Goods Service - renting-out heavy duty cranes to various parties engaged in the construction of Delhi Metro - The levy of Service Tax on the transaction as well as levy of VAT, considering the transaction as deemed sale, will be mutually exclusive. - AT

  • Service Tax:

    Place of Provision of services - referral services to foreign universities/colleges and banks - The definition of “intermediary” as envisaged under Rule 2(f) of POS does not include a person who provides the main service on his own account - AT

  • Service Tax:

    Section 11B is applicable for the purpose of computation of one year period for filing the refund claim and for export of service, the "relevant date" for the purpose of deciding the time limit for consideration of refund claim under Rule 5 of CCR will be the end of the quarter in which the FIRCs received. - AT

  • Service Tax:

    The relevant date for the purposes of deciding the time limit for consideration of refund claim under Rule 5 of CENVAT Credit Rules may be taken as the end of the quarter in Which the FIRCs are received in cases where refund claims are filed on a quarterly basis. - AT

  • Central Excise:

    CENVAT credit - Carbon Black Feed Stock (CBFS) - It cannot be said that appellant has procured CBFS for generation of electricity. Appellants have registered for manufacture of Carbon Black by using CBFS as input. - credit allowed - AT

  • Central Excise:

    Correction of duty demanded due to error - Once the Department has accepted the mistake then it was the bounded duty of the Department to correct the calculation error, refusal to do so is not tenable under law. - AT

  • Central Excise:

    The appellant has reversed the proportionate credit relating to common input services availed by them before the issuance of the show-cause notice on being pointed out by the audit and it amounts to as if he has not availed CENVAT Credit. - AT

  • Central Excise:

    Cenvat Credit - basic excise duty can be utilised for payment of education cess/ higher education cess - AT

  • Central Excise:

    Refund - Scope of SCN - order of provisional assessment - in De novo proceedings the Assistant Commissioner cannot carve out a new ground for rejection of the refund. - AT


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • Income Tax

  • 2018 (5) TMI 1432
  • 2018 (5) TMI 1443
  • 2018 (5) TMI 1431
  • 2018 (5) TMI 1430
  • 2018 (5) TMI 1442
  • 2018 (5) TMI 1394
  • 2018 (5) TMI 1441
  • 2018 (5) TMI 1440
  • 2018 (5) TMI 1439
  • 2018 (5) TMI 1438
  • 2018 (5) TMI 1437
  • 2018 (5) TMI 1436
  • 2018 (5) TMI 1435
  • 2018 (5) TMI 1434
  • 2018 (5) TMI 1433
  • Customs

  • 2018 (5) TMI 1429
  • 2018 (5) TMI 1428
  • 2018 (5) TMI 1427
  • 2018 (5) TMI 1426
  • Service Tax

  • 2018 (5) TMI 1422
  • 2018 (5) TMI 1421
  • 2018 (5) TMI 1420
  • 2018 (5) TMI 1419
  • 2018 (5) TMI 1418
  • 2018 (5) TMI 1417
  • 2018 (5) TMI 1425
  • 2018 (5) TMI 1424
  • 2018 (5) TMI 1423
  • 2018 (5) TMI 1415
  • 2018 (5) TMI 1414
  • 2018 (5) TMI 1413
  • Central Excise

  • 2018 (5) TMI 1412
  • 2018 (5) TMI 1411
  • 2018 (5) TMI 1410
  • 2018 (5) TMI 1409
  • 2018 (5) TMI 1416
  • 2018 (5) TMI 1408
  • 2018 (5) TMI 1407
  • 2018 (5) TMI 1406
  • 2018 (5) TMI 1405
  • 2018 (5) TMI 1404
  • 2018 (5) TMI 1403
  • 2018 (5) TMI 1402
  • 2018 (5) TMI 1401
  • 2018 (5) TMI 1400
  • 2018 (5) TMI 1399
  • 2018 (5) TMI 1398
  • 2018 (5) TMI 1397
  • CST, VAT & Sales Tax

  • 2018 (5) TMI 1396
  • 2018 (5) TMI 1444
  • 2018 (5) TMI 1395
 

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