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Home e-Newsletters Index Year 2018 August Day 11 - Saturday

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TMI Tax Updates - e-Newsletter
August 11, 2018

Case Laws in this Newsletter:

GST Income Tax Customs Insolvency & Bankruptcy Service Tax Central Excise CST, VAT & Sales Tax



Highlights / Catch Notes

  • GST:

    Seeks to prescribe the due dates for furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of more than ₹ 1.5 crores for the months from July, 2018 to March, 2019

  • GST:

    Seeks to prescribe the due dates for quarterly furnishing of FORM GSTR-1 for those taxpayers with aggregate turnover of upto ₹ 1.5 crores for the period from July, 2018 to March, 2019

  • GST:

    Seeks to prescribe the due dates for filing FORM GSTR-3B for the months from July, 2018 to March, 2019

  • GST:

    The fertilizers supplied for direct use as fertilizers, or supplied for use in the manufacturing of other complex fertilizers for agricultural use (soil or crop fertilizers), will attract 5% IGST.

  • GST:

    GST will be payable by the refinery only on the net quantity of petroleum gases retained by the recipient manufacturer for the manufacture of petrochemical and chemical products.

  • GST:

    Applicable GST rate on Disc Brake Pad - in view of the HSN Explanatory Notes that the said goods, namely “Disc Brake pad” for automobiles, are appropriately classifiable under heading 8708 of the Customs Tariff Act, 1975 and would attract 28% GST.

  • GST:

    Applicable GST rate for bus body building activity - in case the supply made is that of bus, and accordingly supply would attract GST @28%. - In the case as mentioned at Para 12.2(b) above, fabrication of body on chassis provided by the principal (not on account of body builder), the supply would merit classification as service, and 18% GST as applicable will be charged accordingly.

  • GST:

    Applicable GST rate on cotton quilts under tariff heading 9404-Scope of the term “Cotton Quilt” - a quilt filled with cotton constitutes a cotton quilt, irrespective of the material of the cover of the quilt. The GST rate would accordingly apply.

  • GST:

    Applicability of GST on marine engine - the supplies of marine engine for fishing vessel (being a part of the fishing vessel), falling under tariff item 8408 10 93 attracts 5% GST.

  • GST:

    Classification and applicable GST rate on real zari Kasab (thread) - imitation zari thread or yarn known as “Kasab” or by any other name in trade parlance, would attract a uniform GST rate of 12% under tariff heading 5605.

  • GST:

    Appropriate classification of baby wipes, facial tissues and other similar products - if the baby wipes are impregnated with perfumes or cosmetics, then the same would fall under HS code 3307 and would attract 18% GST rate. Similarly, if they are coated with soap or detergent, then it would fall under HS code 3401 and would attract 18% GST.

  • GST:

    GST rate on Human Blood Plasma - normal human plasma would attract 5% GST rate under List I (S. No. 186), whereas plasma products would attract 12% GST rate, if otherwise not specifically covered under the said List.

  • GST:

    Applicability of GST on supply of safe drinking water for public purpose - supply of drinking water for public purposes, if it is not supplied in a sealed container, is exempt from GST.

  • GST:

    Applicable GST rate on refined beet and cane sugar - would attract GST @ 5%.

  • GST:

    Applicability of GST on Fortified Toned Milk (with vitamins ‘A’ and ‘D’) - attracts NIL rate of GST

  • GST:

    Applicable GST rate on treated (modified) tamarind kernel powder and plain (unmodified) tamarind kernel powder - both attract 5% GST

  • Income Tax:

    Exemption u/s 11 - Application of income for charitable purposes - Where in the law has it been provided that a trust has to incur expenditure on its own and cannot give donation in kind to institutions who in turn have given to the needy which otherwise are for charitable purposes?

  • Income Tax:

    Payment of compounding fee to RBI for default in obtaining approval form RBI for the purpose of FIPB and FEMA - Claim of expenditure not hit by the explanation to section u/s 37(1) - expenditure allowed.

  • Income Tax:

    Transfer pricing - knowledge management systems - assessee seeks to be identified as a BPO and not as a KPO - the services rendered by it are specialized and require specific skill based analysis and research that is beyond the more rudimentary nature of services rendered by a BPO.

  • Customs:

    Classification of goods - Unless and until the nature of the goods is ascertained it is not proper to decide whether the goods can be classified by taking recourse of either note 2(a), 2(b) or 2(c) of Section XVI of Customs Tariff Act.

  • Customs:

    Duty Drawback - export of handicrafts items of export of furniture - the fact that the appellant is registered with the ‘Export Promotion Council for Handicrafts’, is indicative of the fact that furniture manufactured by the appellant is Handicrafts” - Benefit of duty drawback allowed.

  • Service Tax:

    CENVAT Credit - common input services - non-maintenance of separate records - Rule 6(3)(i) - only the Cenvat credit in respect of input services relatable to their uses in the exempted services is required to be reversed on proportionate basis.

  • Service Tax:

    Demand of Service Tax - Reverse charge mechanism - import of services - As such it is not the liability of service recipient but the liability of service provider which gets shifted to the service recipient on deemed basis. - In case of no liability of IFC to pay the tax, no liability to pay the same by the service recipient on reverse charge basis would arise

  • Service Tax:

    Commercial concern or not - Merely because the appellant has referred in the his address as Capital consultancy, even if it is a proprietor ship firm, it is an individual - the applicant will not be commercial concern in view of clause 65(105) (zzb) of the Finance Act, 1944.

  • Service Tax:

    Demand of service tax - mistake in recording the amount due - Section 74 does not contemplate any particular format as such, empowering the Central Excise to rectify the mistake on his own and, if any mistake is brought to his notice by the Assessee.

  • Service Tax:

    Extended period of limitation - it is admitted on record that the respondent had not got itself registered and had failed to file return within the prescribed period of time. Thus, the period for issuing notice u/s 70 of the Act is five years on account of non-filing of the return.

  • Central Excise:

    CENVAT Credit - input services - rent-a-cab - in terms of clause (B) of definition of capital goods provided under Rule 2 (a) the motor vehicle taken on rent by the appellant is a capital good. Therefore, it does not cover under the exclusion entry provided under clause 2 (e) under sub clause B of Rule 2(a) of CENVAT credit rules. Therefore, rent a cab is an admissible input service and credit is admissible.

  • Central Excise:

    Entitlement of Interest on delayed refund - relevant date for calculation of Interest - interest is payable only from the date after completion of 3 months from the date of filling the refund application - the interest in any case is not payable from the date of deposit of the amount during the investigation.

  • Central Excise:

    Benefit of exemption from payment of National Contingent Calamity Duty (NCCD) on the POY - Captive consumption of POY - Whether the NCCD is payable on POY captively consumed or exempted from payment of duty by virtue of N/N. 67/1995-CE dated 16.03.1995, as amended? - Held Yes, demand confirmed.

  • Central Excise:

    CENVAT Credit - reasonable steps to be taken by the assessee to ensure that duty has been paid by the supplier of inputs - The department has not sufficiently proved its case. The allegations in the show cause notice are not supported by any solid evidence but only statements. Hence, even a preponderance of probability has not been proved by the department.

  • Central Excise:

    CENVAT Credit - duty paying documents - supplementary invoices - duties which became payable by the manufacturer on account of willful misstatement or suppression of facts on their part - there cannot be suppression of fact when the issue of liability of payment of Excise duty at the end of the coal companies was a debatable issue which is pending adjudication before the Hon’ble Supreme Court.

  • Central Excise:

    Classification of goods - appellants procured “Commingled Crude oil” and Dehydration process was undertaken - merely alleging that the burden was on the appellants is not acceptable - the onus of proving the classification is on the Department which has not clearly discharged the burden of doing so.

  • VAT:

    Principles of Natural Justice - reversal of Input Tax Credit - assessing authority would lead us to infer that he has taken the report submitted by the Enforcement Wing officials as gospel truth and passed orders being influenced by the same. Such an order is not fair and sustainable.


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • GST

  • 2018 (8) TMI 587
  • Income Tax

  • 2018 (8) TMI 592
  • 2018 (8) TMI 593
  • 2018 (8) TMI 596
  • 2018 (8) TMI 586
  • 2018 (8) TMI 585
  • 2018 (8) TMI 584
  • 2018 (8) TMI 583
  • 2018 (8) TMI 582
  • 2018 (8) TMI 581
  • 2018 (8) TMI 580
  • 2018 (8) TMI 579
  • 2018 (8) TMI 578
  • 2018 (8) TMI 572
  • 2018 (8) TMI 577
  • 2018 (8) TMI 576
  • 2018 (8) TMI 594
  • 2018 (8) TMI 595
  • 2018 (8) TMI 575
  • 2018 (8) TMI 597
  • 2018 (8) TMI 574
  • 2018 (8) TMI 525
  • 2018 (8) TMI 598
  • 2018 (8) TMI 573
  • Customs

  • 2018 (8) TMI 571
  • 2018 (8) TMI 570
  • 2018 (8) TMI 569
  • 2018 (8) TMI 567
  • 2018 (8) TMI 566
  • 2018 (8) TMI 565
  • 2018 (8) TMI 568
  • Insolvency & Bankruptcy

  • 2018 (8) TMI 590
  • 2018 (8) TMI 589
  • 2018 (8) TMI 588
  • 2018 (8) TMI 591
  • Service Tax

  • 2018 (8) TMI 561
  • 2018 (8) TMI 560
  • 2018 (8) TMI 559
  • 2018 (8) TMI 558
  • 2018 (8) TMI 557
  • 2018 (8) TMI 556
  • 2018 (8) TMI 555
  • 2018 (8) TMI 554
  • 2018 (8) TMI 553
  • 2018 (8) TMI 564
  • 2018 (8) TMI 563
  • 2018 (8) TMI 562
  • Central Excise

  • 2018 (8) TMI 550
  • 2018 (8) TMI 549
  • 2018 (8) TMI 548
  • 2018 (8) TMI 552
  • 2018 (8) TMI 551
  • 2018 (8) TMI 547
  • 2018 (8) TMI 546
  • 2018 (8) TMI 545
  • 2018 (8) TMI 544
  • 2018 (8) TMI 543
  • 2018 (8) TMI 542
  • 2018 (8) TMI 541
  • 2018 (8) TMI 540
  • 2018 (8) TMI 539
  • 2018 (8) TMI 538
  • 2018 (8) TMI 537
  • 2018 (8) TMI 536
  • 2018 (8) TMI 535
  • 2018 (8) TMI 534
  • 2018 (8) TMI 533
  • 2018 (8) TMI 532
  • 2018 (8) TMI 531
  • 2018 (8) TMI 530
  • CST, VAT & Sales Tax

  • 2018 (8) TMI 529
  • 2018 (8) TMI 528
  • 2018 (8) TMI 527
  • 2018 (8) TMI 526
 

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