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January 16, 2019
GST:
Notified supplies, when the supply of goods shall be treated as deemed export under GST e.g. supplies against Advance Authorisation - Notification amended to submit certificate from CA in certain cases.
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January 16, 2019
DGFT:
Amendment in policy condition of Nicotinic Acid & Nicotinamide (Niacinamide/ niacin) under HS Code 29362920 of ITC (HS) 2017, Schedule - I (Import Policy)
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January 16, 2019
Service Tax:
Applicability of Service Tax on Asian Development Bank (ADB) and International Finance Corporation (IFC)
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January 16, 2019
Income Tax:
Condonation of delay - delay of 362 days - the main cause of delay was difference of opinion between the two Officers and ultimately legal opinion was taken and it was decided to file the appeal - delay condoned.
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January 16, 2019
Income Tax:
Nature of expenditure - expenditure for re-place of flooring and purchase of air conditioner, dish washing machine, and audio/video equipments in the pub etc. - Held as revenue expenditure allowable as deduction u/s 37.
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January 16, 2019
Income Tax:
Loss on foreclosure of loans - Whether equivalent to write off of an asset which is capital in nature and not allowable u/s. 37(1) since it is not a Revenue write off? - the assessee satisfies all the conditions of allowabaility of this sum as deduction u/s 36(1) (vii) rws 36(2).
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January 16, 2019
Income Tax:
Allowable expenditure u/s 37(1) - The assessee at the initial stage could not file any reply on this issue. The DRP has given a specific finding that this amount have been incurred on salary advance and other payments which are neither in the nature of trading loss nor the bad debts.
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January 16, 2019
Income Tax:
Penalty u/s 271(1)(c) - Merely because an addition is made by disbelieving her capacity to lend the loan.Such a fact, ipso facto, does not lead to the levy of penalty.
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January 16, 2019
Income Tax:
TDS u/s 195 - fees for technical services u/s 9 (1) (vii) - Assuming that Licensor, rendered services as defined u/s. 9(l)(vii) Explanation 2 of the Act, yet it does not satisfy tire requirement of technical services as contained in India-UK DTAA.
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January 16, 2019
Income Tax:
Grant of deduction u/s 80P(2)(d) - if such deduction is not claimed in computation of income, then no disallowance be made to the total income of the assessee.
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January 16, 2019
Income Tax:
Disallowance of payment of commission - The fact that the amount was transferred at the fag end of the financial year in the accounts of these parties and immediately thereafter was withdrawn again shifting the burden on the assessee to prove the claim of expenditure.
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January 16, 2019
Customs:
Principles of natural justice - suspension of CHA License - Regulation 11(2) can be invoked for suspending the license only when the Commissioner of Customs feels and comes to a conclusion that immediate action is necessary to suspend the license - in the absence of such findings, order quashed.
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January 16, 2019
Customs:
Power of the Central Government to regulate marine trade, especially Foreign Trade Policy - export of shark finning - What is the best is not always discernible, the wisdom of any choice may be disputed or condemned. Mere errors of Government are not subject to our judicial review.
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January 16, 2019
Customs:
Maintainability of Refund claim - assessment order not challenged - the refund claim under section 27 is not maintainable unless the order of assessment is modified in the appellate proceedings.
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January 16, 2019
Service Tax:
Refund claim - export of service - intermediary - place of provision of service - the appellant is not acting as a bridge between the overseas group entities and supplies made to their customers in India and accordingly, it cannot be said that the appellant has provided intermediary service.
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January 16, 2019
Service Tax:
Refund claim - Since registration of premises is not a pre-requisite condition for claiming input tax credit, denial of the refund benefit on such ground is not legally sustainable.
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January 16, 2019
Service Tax:
Valuation - as the issue stands settled that reimbursable expenses cannot form part of the gross value of the services being provided by the service provider, we find no reasons to include the E.S.I./P.F./W.C.P. amount in the assessable value of the services, inasmuch as the same are admittedly reimbursable to the persons concerned.
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January 16, 2019
Service Tax:
CENVAT Credit - The input service availed by the appellant before the stage the paint becomes marketable, the appellant is entitled to avail cenvat credit on Repair & Maintenance Service of Automatic Dispensing Machines which enables their product marketable consequently excisable
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January 16, 2019
VAT and Sales Tax:
Valuation - includibility - deduction on freight and pumping charges shown separately in the invoice disallowed - the delivery is ex-RMC Works - The Tribunal committed a serious error in deciding the questions against the assessee
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January 16, 2019
Central Excise:
The petitioner having opted for settlement is not permitted to dissect Settlement Commission's Order to accept what is favourable and reject what is not.
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