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Home e-Newsletters Index Year 2019 September Day 14 - Saturday

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TMI Tax Updates - e-Newsletter
September 14, 2019

Case Laws in this Newsletter:

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



TMI SMS


Highlights / Catch Notes

  • GST:

    Refund of IGST - The respondents are directed to pay the balance amount i. e. , IGST minus higher rate of duty drawback already availed by the petitioner within the time granted by this Court and avoid the additional burden of interest payment on IGST refund. - HC

  • GST:

    Provisional attachment to protect revenue - The petitioner has not approached this Court with clear picture, whether he had option to file appeal or not, having regard to Section 107 of the Act. The petitioner is relegated to the Appellate Authority. - HC

  • Income Tax:

    Cost Inflation Index for the financial year 2019-20 notified as 289 - Seeks to amend Notification No. 26/2018 dated 13/06/2018

  • Income Tax:

    Central Government makes the directions giving effect to the E-assessment Scheme, 2019

  • Income Tax:

    Levy of penalty u/s 271(1)(c) - The assessee's specific case was that they were advised to file the return of income in a particular fashion and prior to the assessment proceedings, their Chartered Accountant had passed away and this had led to the mistake, which the AO pointed out during the assessment proceedings - penalty imposed by the AO and confirmed by the CIT(A) and ITAT is perverse and liable to be set aside - HC

  • Income Tax:

    Reopening of assessment u/s 147 - deduction u/s 54 - allegation that thee property which was named as 'Gupta House' was actually an 'industrial plot' and not a 'residential house' - as per the Tribunal the AO did not have 'reasons to believe' that income chargeable to tax had escaped assessment - order of the ITAT set aside - HC

  • Income Tax:

    Warrant of Arrest issued by Recovery Officer - notice to show cause not issued - prescribed procedure was not followed - The impugned order is procedurally ultra-vires. It is accordingly quashed and set aside - HC

  • Income Tax:

    Merely for the reason that there were high volume of sales in the month of October on account of festival, the sales cannot be extrapolated to the other months for computing annual turnover. This would give unrealistic figures of annual turnover and there would be aberration in computation of profits. - AT

  • Income Tax:

    Depreciation on let out properties u/s 32 - use of properties for the purposes of business of the assessee. - no deprecation u/s 32 can be allowed on these two properties which were acquired in earlier years and were let out throughout the year under consideration income thereof being offered for tax under the head income from house properties, as doctrine of supervening impossibility has set in - AT

  • Income Tax:

    Disallowance of expenditure u/s 40A(3) - cash payments - the assessee is forced to pay the amount collected from the theatres on Sunday night itself after screening the film when the banks are closed. Hence the exclusion prescribed under Rule 6DD.2(j) of the Rules is applicable - AT

  • Income Tax:

    Disallowance of 50% depreciation, interest, loan processing charges, life tax & insurance on the car acquired by the firm in the name of the partner - Claim to be allowed subject to verification of certifica claim to be allowed subject to verification of certain facts and circumstances - AT

  • Customs:

    Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver

  • Customs:

    Extension of anti-dumping circumvention duty - retrospective effect - It is seen that the Designated Authority, without examining whether the anti-dumping duty should be levied retrospectively from the date of initiation of the investigation, recommended that the anti-dumping duty will be applicable from the date of its notification by the Central Government. - The matter remitted back to the Designated Authority - AT

  • DGFT:

    Export Policy of Onions- Imposition of Minimum Export Price (MEP)

  • Indian Laws:

    Uber’s discount and incentive policy - Abuse of Dominant Position - so long as this dominant position, whether directly or indirectly, imposes an unfair price in purchase or sale including predatory price of services, abuse of dominant position also gets attracted. Explanation (b) which defines ‘predatory price’ means sale of services at a price which is below cost. - SC

  • Service Tax:

    Valuation- C&F Agent service - inclusion of reimbursable expenses - all these expenses were reimbursed by the appellant for the various purposes incurred for carrying on the business of C&F Agent Service. - demand to the extent of reimbursement of expenses set aside - AT

  • Service Tax:

    Classification of services - Gas Connection Charges - the appellant is distributing gas to its customers through pipes and for this purpose, it has installed an equipment called SKID at the customers’ site. - They are, therefore, for the use of the appellant and are not for use by the customers. - cannot be treated as Supply of Tangible Goods - demand set aside - AT

  • Central Excise:

    Refund of Excise Duty - The payment of duty was intended to prevent the incidence of interest and liability accruing from the non-payment of duty, and hence, it cannot be termed as deposit. - the same can never partake characteristic of pre-deposit as mentioned in Section 35F - cannot be treated as under protest - HC

  • VAT:

    Inconsistent Rule with statutory provision - Section 18(6) of the JVAT Act, 2005 does not contemplate production of JVAT -404 Forms as a mandatory condition for availing benefit of ITC. However, Rule 35(2) stipulates further condition of production of JVAT 404 Form as requirement for claiming benefit of ITC. - To this extent, Rule 35(2) of the JVAT Rules, 2006 is inconsistent with the provision of Section 18(6) of the JVAT Act, 2005 and is required to be held directory in nature and not mandatory. - HC

  • VAT:

    Issuance of C-Forms - validity of Notification dated 11.10.2017 - interpretation of statute - amendment and scope of the word 'goods' - Situation of CST post GST - dealers are entitled to continue to be registered under Section 7(2) of the Act, irrespective of the fact whether they are liable to pay any tax to State or not. - HC

  • VAT:

    Refund of extra amount deposited during the pendency of appellate proceedings - petitioner claims that entire burden has been born but it only - anthis Court in exercise of its jurisdiction under Article 226 of the Constitution ought not to revisit the very same circumstances and grant the prayers as made. - HC

  • VAT:

    Nature of activity - service or not - levy of VAT or Service Tax - no certificate produced from the clients in support of the petitioners' claim that all materials were supplied only by the clients and it was only the activity of installation that was rendered by it - Petition dismissed - HC

  • VAT:

    Set off of Entry tax with VAT - The claim of the assessee for set-off under section 4 cannot be granted merely for the asking - The transactions in this case cannot be said to be automatically revenue neutral. - HC


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • GST

  • 2019 (9) TMI 565
  • 2019 (9) TMI 564
  • 2019 (9) TMI 563
  • 2019 (9) TMI 562
  • Income Tax

  • 2019 (9) TMI 554
  • 2019 (9) TMI 553
  • 2019 (9) TMI 552
  • 2019 (9) TMI 551
  • 2019 (9) TMI 561
  • 2019 (9) TMI 550
  • 2019 (9) TMI 549
  • 2019 (9) TMI 560
  • 2019 (9) TMI 548
  • 2019 (9) TMI 547
  • 2019 (9) TMI 559
  • 2019 (9) TMI 558
  • 2019 (9) TMI 557
  • 2019 (9) TMI 546
  • 2019 (9) TMI 545
  • 2019 (9) TMI 544
  • 2019 (9) TMI 543
  • 2019 (9) TMI 542
  • 2019 (9) TMI 556
  • 2019 (9) TMI 541
  • 2019 (9) TMI 555
  • 2019 (9) TMI 540
  • Customs

  • 2019 (9) TMI 539
  • 2019 (9) TMI 538
  • 2019 (9) TMI 537
  • 2019 (9) TMI 536
  • Corporate Laws

  • 2019 (9) TMI 534
  • 2019 (9) TMI 533
  • 2019 (9) TMI 535
  • Insolvency & Bankruptcy

  • 2019 (9) TMI 532
  • Service Tax

  • 2019 (9) TMI 531
  • 2019 (9) TMI 530
  • Central Excise

  • 2019 (9) TMI 529
  • 2019 (9) TMI 528
  • CST, VAT & Sales Tax

  • 2019 (9) TMI 519
  • 2019 (9) TMI 518
  • 2019 (9) TMI 517
  • 2019 (9) TMI 516
  • 2019 (9) TMI 527
  • 2019 (9) TMI 526
  • 2019 (9) TMI 525
  • 2019 (9) TMI 524
  • 2019 (9) TMI 523
  • 2019 (9) TMI 522
  • 2019 (9) TMI 521
  • Indian Laws

  • 2019 (9) TMI 520
 

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