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May 19, 2018
Goods and Services Tax:
Chandigarh - E-way bill comes into effect w.e.f. 25-5-2018 - Central Government, rescinds the notification number G.S.R. 316(E) dated the 31st March, 2018 - Notification
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May 19, 2018
Goods and Services Tax:
Dadra and Nagar Haveli - E-way bill comes into effect w.e.f. 25-5-2018 - Central Government rescinds the notification number G.S.R. 317(E) dated the 31st March, 2018 - Notification
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May 19, 2018
Goods and Services Tax:
Daman and Diu - E-way bill comes into effect w.e.f. 25-5-2018 - Central Government rescinds the notification number G.S.R. 318(E), dated the 31st March, 2018 - Notification
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May 19, 2018
DGFT:
Change in import policy of Peas from 'Free' to 'Restricted' - Implementation of Notification No.4 dated 25.4.2018- reg.
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May 19, 2018
Goods and Services Tax:
Rate of GST - Even though the meal, snacks, teas are provided to and consumed by the workers/ employees of the recipient, the applicant is providing service to the recipient and not to workers / employees of the recipient - it is not in the nature of service provided by a restaurant - The service is attracting Goods and Service Tax @ 18% (CGST 9% + SGST 9%) - AAR
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May 19, 2018
Income Tax:
TDS liability u/s 192 - no perquisite would arise in the hands of the employees for the assessment years in question. The legislation amended the said rule only for subsequent period to include even concessional education facility. - HC
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May 19, 2018
Income Tax:
Valuation of goodwill - the substitution adopted by the Assessing Officer suffered from greater vice. There was no basis for him to believe that the trademark and goodwill must value at the same level. - HC
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May 19, 2018
Income Tax:
Higher rate of depreciation on dumpers - @ 30% OR 15% - Even if the assessee had used such equipments and manpower for its direct mining operations for the contract, if it was so awarded, we wonder whether that would make any difference particularly in view of CBDT Circulars No. 609 and 652 - HC
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May 19, 2018
Income Tax:
Addition u/s 40A - excessive or unreasonable expenditure - Deduction from the income of payments of commission made to the Directors/Managing Director of the respondent assessee - There is no yardstick or guideline for judging when the expenditure incurred by the assessee would be excessive or unreasonable. - No additions - HC
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May 19, 2018
Income Tax:
Defective return 139(9) - return was filed by the assessee without accompanying completed audit report and its accounts - Assessee failed to request all the authorities for condonation of delay - Tribunal thus correctly rejected the assessee's appeal on this score. - HC
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May 19, 2018
Income Tax:
Deduction u/s 80IB(10) - substantial portion of the assessee's profit was not derived from development of housing project - the assessee had utilized about 20% or less of the permissible FSI - bifurcation of profits arising out of such activity and that arising out of the net sell of FSI must be resorted to - HC
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May 19, 2018
Income Tax:
Interest u/s 234B - Interest for defaults in payment of advance tax - whether interest should be charged on the amount after considering refund which was issued on passing intimation u/S.143(1)(a) - Demand of interest set aside - HC
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May 19, 2018
Income Tax:
TDS u/s 194I or 195 - last mile payment in lieu of availing a standard facility of hiring of one pair of optical dark fibre to provide last mile end connectivity - the assessee’s three payments to be in lieu of standard facilities only not to be taken as royalty - no TDS liability during the relevant period - Tri
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May 19, 2018
Customs:
Penalty u/s 114A and 114AA of CA, 1962 - Valuation of imported goods - the enhancement of value was done on the basis of contemporaneous import, it cannot be said that the Director has done anything to mis-declare the value - neither the penalty on the appellant company nor on the Director was imposable. - Tri
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May 19, 2018
Customs:
Refund of SAD - Goods are liable for sales tax but only under certain conditions the Appellant-assessee can sell the goods without payment of sales tax. An exemption from sales tax thus would not make the place of Dadra as the area where no sales tax is chargeable on sale or purchase of goods - Tri
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May 19, 2018
Customs:
Exemption from anti-dumping duty - import of Glazed/Polished Procelain tiles - Without any detailed investigation, merely on assumption basis, the Revenue came to the conclusion that the goods were not manufactured by M/s Southern Building Materials and Sanitary Co. Ltd. - there is no substance in the allegation of the Revenue - Confiscation and redemption fine set aside - Tri
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May 19, 2018
Customs:
Stay on imposition of Redemption Fine - permission to take the vessel “ABAN-IV” out of India - If the order of redemption fine is stayed it will result in bypassing the directions of Hon’ble High Court - Tribunal is not the proper forum to seek relaxation in conditions imposed by Hon’ble High Court - Tri
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May 19, 2018
Customs:
Classification of imported goods - Projectors - whether classified under CTH 85286100 as "Projectors solely or principally used with Automatic Data Processing Machines" or under 85286100 as the imported goods have features which are in addition to those which are normally found in goods covered under 85286100? - to be classified under 85286100 - Tri
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May 19, 2018
Indian Laws:
Right to file the appeal and have the said appeal decided on merits, if it is filed within the period of limitation, is conferred by the statute and that cannot be taken away by imposing the condition of deposit of an amount leading to dismissal of the main appeal itself if the said condition is not satisfied - Position would have been different if the provision of appeal itself contained a condition of pre-deposit of certain amount. That is not so. - SC
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May 19, 2018
Service Tax:
Refund of unutilized CENVAT credit - nexus of input services with export - There is no dispute about the fact that the services have been consumed by the Appellant in rendering export services whether directly or indirectly and hence there is no reason to deny the refund claim of the same. - Tri
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