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November 21, 2018
Goods and Services Tax:
Classification of services - catering services provided by the Applicant under B2B Model and B2C Model - the activity of the applicant would fall under clause (i) of Notification No. 11/2017 as amended
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November 21, 2018
Goods and Services Tax:
Profiteering - 'Bathing Bar' and 'Instant Drink Powder 50 Gms. - Since the reduction in the base prices of these products is more than the additional ITC eligible thereon, the allegation of profiteering is not established.
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November 21, 2018
Income Tax:
Amenity charges received - taxable under the head ‘Income from other sources’ OR ‘Income from house property’ declared by the assessee - CIT(A) was right in confirming the action of the AO in assessing amenity charges under the head ‘Income from other sources’.
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November 21, 2018
Income Tax:
Once penalty U/s 271AAA of I.T. Act has been levied in respect of undisclosed income, the AO was in error of law prescribed U/s 271AAA(3) of I.T. Act, in imposing further penalty U/s 271(1)(c) of I.T. Act in respect of the same undisclosed income.
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November 21, 2018
Income Tax:
Determination of character of income - LTCG or Business income - commercial intention - assessee, in essence, has sold the land by dividing into pieces of land - gain arising on sale of land cannot be regarded as ‘business income’
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November 21, 2018
Income Tax:
Denial of exemption u/s. 11 - all kinds of acquiring knowledge may not come within the term “education” - The assessee cannot be considered to be an educational trust within the meaning of section 2(15) of the Act. Therefore, it is not entitled for exemption u/s. 11 of the Act.
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November 21, 2018
Customs:
Refund of Export duty - It was the responsibility of the assessing officer to correctly assess the export duty payable and he made a mistake. The customs officers are well within their powers to correct these mistakes under Sec.154 of the Customs Act - refund allowed.
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November 21, 2018
Customs:
Restricted import or free import - the marbles imported by the appellants are freely importable as they have been imported from Sri Lanka.
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November 21, 2018
Service Tax:
Valuation - Construction of Residential Complex Service - inclusion of amount collected by the appellant as Interest Free Maintenance Security in assessable value - demand of service tax on External Development Charges - Demand set aside.
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November 21, 2018
Service Tax:
If the service is rendered prior to 01.05.2006, no liability of service tax will fall on the Institute, even if payment is received after this date since it has been clarified by the CBEC in Circular dated 01.11.2006 that IIM cannot be considered as Commercial Concern.
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November 21, 2018
Service Tax:
Renting of immovable property service - appellants were getting vacant land on lease of 90 years for industrial purpose and while letting the land they used to collect some lump-sum amount - demand set aside.
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November 21, 2018
Central Excise:
Clandestine removal - Apart from the computer print outs, there is no other evidence produced by the Revenue on record - demand set aside.
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November 21, 2018
Central Excise:
CENVAT Credit - input service - GTA - place of removal - the service tax paid on the freight by the assessee for transportation of goods from the factory to the selling agent’s place during the relevant period, is available as Cenvat Credit.
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November 21, 2018
Central Excise:
Area based exemption - relevant date for commencement of commercial production - The only non-existence of the DM/RO plant will not prove that the products has not been manufactured by the appellant on or before 31.10.2010.
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November 21, 2018
Central Excise:
Clandestine manufacture and removal - the appellant had indulged in suppression of quantity of MS bars manufactured by them therefore the contention of appellant that the show cause notice is time barred is not sustainable.
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November 21, 2018
Central Excise:
Valuation - place of removal - The transaction value in the present case is the value at which the Silicon Manganese has been sold by the appellant at its factory gate, while transferring the unsold portion thereon to the Depot. Apparently and admittedly, the excise duty has been paid by the appellant at the said value. - Demand set aside.
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November 21, 2018
Central Excise:
Intermediate goods - brass billets/rods - the product which emerged after extrusion process is wire in coil form and no any other intermediate product emerged in the course of manufacture of wire. - there is no question of demanding duty.
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November 21, 2018
Central Excise:
Excisability/movability - manufacture of storage tanks - no finished goods has been fabricated by the appellant in their factory, in these circumstances, as the fabrication has done at site which become immovable property, therefore, no duty is payable by the appellant as the same is not excisable
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November 21, 2018
Central Excise:
Excisability - by-products viz. Fatty Acid, Waxes, Spent Earth - assessee is eligible for exemption under the said Notification as the by-product is not a manufactured goods and is a waste
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November 21, 2018
Central Excise:
Since the case involved blatant misuse of the trust placed by Revenue on the assessee and the appellants have cleared the goods without preparing invoices, the imposition of penalties are fully justified.
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