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Highlights / Annotations / Quick updates
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Showing 1 to 20 of 35039 Records
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September 24, 2018
Customs:
100% EOU - eligibility for depreciation on capital goods - failure to comply with prescribed export obligation - As on the date of the impugned order, the appellant has been in existence for over a decade and, by application of the straight-line depreciation approved by the Central Board of Excise & Customs, the value of capital goods would be nil. Consequently, no duty liability would arise.
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September 24, 2018
Service Tax:
CENVAT Credit - Rule 6(3) of CCR - If the appellant has not availed Cenvat credit in respect of ‘Common Cenvatable Input Services’ the provisions of Rule 6(3) would not get invoked.
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September 24, 2018
Service Tax:
Business Auxiliary Services - place of supply of service - the entire expenditure incurred by the appellant was for hiring of stall in a foreign country and participating in the exhibitions - there is no evidence on record to establish that any part of the services thereof were performed in India.
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September 24, 2018
Service Tax:
Reverse Charge Mechanism - appellants had made remittances in foreign currency - Revenue could not make out the case that the remittances were for the purpose of receiving any services from foreign country - on the said remittances service tax was not leviable.
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September 24, 2018
Service Tax:
Adjustment of sanctioned rebate against alleged interest - un-adjudicated and un-confirmed Interest - there was no interest proceeding initiated against the assessee. - adjustment of sanctioned rebate claims against the non adjudged interest amount is not permissible.
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September 24, 2018
Central Excise:
Exemption from duty of Central Excise - captive consumption - ‘naphtha’ - ‘Bombay High gas oil’ - BHGO and naphtha used in the generation of electricity, which in turn has been used for purposes other than manufacture of excisable goods, the appellant would be liable to Excise duty thereon.
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September 24, 2018
Central Excise:
Reversal of CENVAT Credit - in respect of clearance of Rectified Spirit, Un-denatured Ethyl Alcohol and Ethyl Natural Alcohol, there was not even need to pay 8% or 10% of the value of the said goods in terms of the Rule 6 (3) (b).
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September 24, 2018
Central Excise:
Reversal of Cenvat Credit - Admittedly, in this case exemption is not absolute. In that circumstances, the provisions of Rule 11 (3) (2) are not applicable to the facts of this case, therefore, the Cenvat credit lying unutilized on 01.04.2006 shall not lapse and same can be utilized by the appellant latter on.
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September 24, 2018
Central Excise:
Classification of machine - capability to perform function of sewing machine and/or to perform function of embroidery machine - In case the machine worked for both the functions, they have to be held as sewing machine classifiable under the head 84.52 and entitled to the exemption.
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September 22, 2018
Goods and Services Tax:
Classification of goods - ‘Leno Bags’, made by the Applicant and declared by them to be made from woven Polypropylene fabric using strips or the like of width not exceeding 5 mm and without any impregnation, coating, covering, or lamination with plastics, are to be classified under Tariff Sub Heading 63053300.
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September 22, 2018
Goods and Services Tax:
Input tax credit - railway freight - ATF and other non-taxable supplies from the Applicant’s Haldia Refinery to the export warehouse of Indian Oil Corporation Ltd at Raxaul are not zero rated supplies. They are non-taxable supplies - ITC of the GST paid on the railway freight not allowed.
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September 22, 2018
Goods and Services Tax:
Supply of turnkey Engineering, Procurement & Construction (EPC) Contract for construction of a solar power plant - Nature of supplies made by sub-contractors - the supplies made by the sub-contractor to the Appellant are independent supplies - applicable rate of tax to be decided accordingly.
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September 22, 2018
Goods and Services Tax:
Composite supply - natural bundling - The supply of the PV module which is the major component of the Solar Power Plant is not naturally bundled with the supply of the remaining components & parts of the Solar Power Plant and the supply of the services of Erection, Installation and Commissioning of the Solar Power Plant.
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September 22, 2018
Goods and Services Tax:
Levy of GST - Rent payable by a Hospital - whether GST is leviable on the rent payable by a hospital supplying lifesaving services (cardiology and emergency services)? - Held Yes.
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September 22, 2018
Goods and Services Tax:
Classification of goods - The product 'Cattle feed in cake form' manufactured by the Applicant is classifiable under Chapter Heading 23099010 and stands exempted from GST
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September 22, 2018
Goods and Services Tax:
Catering Service - Applicant is engaged in supplying food and beverages at the canteen of their customers - liable to tax at the rate of 5% without ITC.
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September 22, 2018
Goods and Services Tax:
Pure services contract - Services provided to Local Authority or Governmental Authority or Government Entity - PMC shall review detailed designs prepared and submitted by the Contractor for execution purposes keeping in view the applicable technology, applicable regulations and guidelines and the Employer's Requirements. - Eligible for exemption.
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September 22, 2018
Goods and Services Tax:
Taxable Supply - Borrowing Cost - Whether Consideration represented by way of Borrowing Cost received from members to whom loan was sanctioned, amounts to taxable supply? - Held Yes
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September 22, 2018
Income Tax:
Addition of suppressed sale - additions of income made on the basis of SCN issued under the Central Excise - There is no independent material brought on record by the Assessing Officer other than those which were already collected by the Excise department and which, as noted earlier, are yet to be verified. - No additions.
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September 22, 2018
Income Tax:
Penalty u/s. 271AAA - undisclosed income - failure to prove the manner in which income has been earned - disclosure made with the consent of the family members and all partners - the declaration that the income was earned by the group out of land related transactions which was not previously recorded in the books is sufficient compliance - No penalty.
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