Highlights / Annotations / Quick updates For 2019
Home  Highlights Year 2019
Showing 1 to 50 of 6125 Records
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October 23, 2019
C.Ex.:
SSI Exemption - use of brand name of others - both the firm belong to the same family members. In this position, it cannot be said that one is using the brand name of others.
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October 23, 2019
VAT:
Plainly, the books of account had been rejected for varied reasons that have been noted and considered by the Tribunal as well. That being a question of fact and findings recorded thereon being based on material and evidence on record, it does not call for any interference by this Court in exercise of revisory jurisdiction.
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October 22, 2019
GST:
Input tax credit - Whether input GST credit can be availed by the applicant on the inputs i.e. Electrical Works, Pumps, Pumping systems and tanks, Lighting system, Physical security system and Fire System? - HELD No - the items do not have independent existence and are part and parcel of the entire building, a building with infrastructure.
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October 22, 2019
GST:
Levy of GST - online educational journals and periodicals are supplied to the Educational Institutions other than to preschool and higher secondary school or equivalent - Not eligible for benefit of exemption from GST.
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October 22, 2019
GST:
Supply of services - supply of OIDAR services to customers in India - The burden of proving that the a unregistered person located in the taxable territory has received OIDAR services for the purposes other than for business, commerce, industry or profession lies on the applicant.
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October 22, 2019
GST:
Exemption from GST - Sale of unbranded Rice - The manufacturers can hold the registered brand name while selling the rice under unregistered brand after following all the other conditions prescribed. However, if they sell in the registered brand name, they would not be eligible for exemption.
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October 22, 2019
GST:
Classification of supply - The applicant is supplying items of food as a part of service and since the provision of eating in the premises is provided or the customers may take the same away from the applicant’s place, the transactions under question are covered under the amended provision of Entry 7(i) - liable to GST @5% without ITC
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October 22, 2019
GST:
Proceedings before the National Anti-profiteering Authority - The litigant is entitled to be heard by all members who are the ultimate decision-makers so the litigant can try to convince each member of the adjudicating Authority. Therefore oral hearing is clearly contemplated and the argument of the Respondent that since all the record was before the Authority, there is no illegality in the fourth member in signing the order, is not correct.
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October 22, 2019
GST:
Profiteering - Respondent had increased the price of the flat after the introduction of GST - benefit of Input Tax Credit (ITC) not passed on - the Respondent has benefited from the additional benefit of ITC to the extent of 2.23% (6.55%-4.32%) and profiteered an amount of Rs, 5,06,78,069/including the GST from his customers.
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October 22, 2019
Cus.:
Over-Valuation - Import of Coal of Indonesian Origin - Even though the custom officers possess the said power, they do not become police officials within the meaning of Section 25 of the Evidence Act and it was held that the confessional statements made by the accused persons to custom officers would be admissible in evidence against them. - Section 166A is not an independent island on which any investigating/inquiring authority can jump on without taking recourse to Section 154/155
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October 22, 2019
I.Tax:
Education expenses - the expenses incurred by the assessee company on the education of its director who was pursuing a management course, can safely be held to have been incurred wholly and exclusively for the purpose of its business.
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October 22, 2019
I.Tax:
Even in the event of addition being made u/s. 68 in the set aside proceedings, the assessee should be given the benefit of set off of current year’s business loss against the addition u/s. 68 of the Act.
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October 22, 2019
I.Tax:
Taxation of succession fee - value of any benefit or perquisite in the hands of Directors - the assessee has no obligation to make any payment towards success fee paid to Barclays, hence, it cannot be held that the assessee got any benefit from the success fee paid by the TMPPL as observed by the CIT(A) - No additions.
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October 22, 2019
I.Tax:
Income accrued in India - Referral fees has been received by the assessee on account of the referral made by assessee for the potential rendering of services by HSCI to the prospective client so referred - there is no element of managerial, technical or consultancy function discharged by assessee - Not taxable as FTS u/s 9(1)(vii)
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October 22, 2019
I.Tax:
Genuinity of transaction of purchase of trademark - it is outside the domain of the AO to question the necessity of incurring an expenditure - intangible assets such as trademark, goodwill are also qualifies for depreciation at prescribed rates.
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October 22, 2019
I.Tax:
The peak credit is applied where the assessee can correlate the deposits viz a viz withdrawal from the bank. As the assessee failed to establish the correlation between the deposit of cheques as well as cheques withdrawn from the bank. Therefore we are reluctant to apply the peak credit theory in the given facts and circumstances.
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October 22, 2019
Cus.:
Refund of differential duty - assessment order not challenged - there are no option but to hold that the appeals are not sustainable and need to be rejected.
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October 22, 2019
S.Tax:
Refund of service tax - SEZ unit - The Notification provides that claim for refund shall be filed within one year from the end of the month, in which actual payment of service tax was made by the SEZ unit. The said clause provides discretion to the Central Excise officers for extending the period of limitation - Refund to be allowed.
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October 22, 2019
C.Ex.:
Process amounting to manufacture - classification - placing of the vegetables cuisine, rice, roti, salad etc. on a tray and placing the leaflets bearing the logo as well as the name of “Ambassador Sky Chef” in the cutlery pack placed on the tray - Revenue failed to prove the same as manufacture - Demand set aside.
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October 22, 2019
C.Ex.:
Maintainability of appeal - a new legal issue raised, that the appellant was a Partnership Firm and the same was dissolved by Dissolution Deed dated 09.03.2007, accordingly no proceeding could have been continued against the dissolved Partnership Firm. - The fresh issue raised is indeed a question of law which can be raised at any stage of litigation.
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October 22, 2019
VAT:
Condonation of delay in filing of an Appeal - Even if the possession being taken by the bank u/s 13(4) of the SARFAESI Act, there is no bar, therefore, for the appellant-writ petitioner to file an IA in the pending proceedings, u/s 17 of the SARFAESI Act, before the Debts Recovery Tribunal seeking release of the books of accounts, if any, lying within the factory premises - Petition dismissed.
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October 21, 2019
Cus.:
Recovery of Duty Drawback - Petitioners has raised three issues namely (i) Effect of repeal of duty drawback rules 1995 w.e.f. 01.10.2017 (ii) Absence of mechanism to raise demand of duty drawback and (iii) Power of Respondent to reassess value of goods already exported. - SCN quashed.
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October 21, 2019
Cus.:
Recovery of Duty Drawback - goods were exported during 2010-2013 and Show Cause Notice was issued on 30.7.2018 - period of 5 years from the date of export/assessment is a reasonable period.
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October 21, 2019
GST:
Valuation - service of transportation to the employees of the tenants of the business park inclusion of value of bus passes distributed by the applicant to the Commuters in the value of facilitation charges - the value of the monthly passes issued plus the facilitation charges charged by the applicant and such other amounts which form the part of the Value of supply.
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October 21, 2019
GST:
Classification of goods - FANTA FRUITY ORANGE - the question raised by the applicant in the instant application, under the provisions of CGST Act 2017, has already been decided by the Gujarat Authority for ‘Advance Ruling. Therefore the instant application is liable for rejection.
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October 21, 2019
GST:
The consideration paid to the Director is in relation to the services provided by the Director to the Company and the recipient of such service is the Company as per clause (93) of section 2 of the CGST Act and the supplier of such service is the Director. - Liable to GST under reverse charge mechanism (RCM)
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October 21, 2019
GST:
Levy of GST - volume discount received on purchases - the amount received by the applicant is in the form of an incentive provided by the authorised supplier and does not affect the sale price of the goods already sold and hence there is no liability to charge GST on the same.
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October 21, 2019
GST:
Classification of supply - Rate of GST - it is a composite contract of cutting of live trees to obtain the logs and transfer of the timber logs, with transfer of timber logs being the principal supply in the composite supply.
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October 21, 2019
GST:
Classification of services - Renting of vehicle - In the instant case the applicant (renter) does not define how and when the vehicles will be operated and also does not determine the schedules, routes and other operational consideration. The client of the applicant decides the same and accordingly the applicant operates the buses. Therefore the services being provided by the applicant are not covered under the SAC 9966.
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October 21, 2019
GST:
Classification of services - Since the word “intermediary” is not defined in the CGST Act but defined in the IGST Act, the same meaning as assigned to it under the IGST Act would be applicable even under the CGST Act, 2017 - the applicant is providing management services in marketing as an intermediary with a HSN Code of 9983 11.
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October 21, 2019
GST:
Marketing service provided by the application - the applicant is providing services to the foreign affiliates as an intermediary - thus, the business services of the intermediaries are covered under the SAC 998599.
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October 21, 2019
GST:
The raw cotton is purchased by the applicant from agriculturist and tax @ 5% is paid under Reverse Charge Mechanism by him. They are eligible for claiming of ITC as per Section 16, however, the credit is to be restricted to the extent of input tax attributable to the taxable supplies including zero rated and has to reverse the amount of input tax attributable to the exempted supply i.e. Cotton seed oil cake in terms of Section 17 (2) of GST Act, 2017.
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October 21, 2019
I.Tax:
Notices u/s 143(2) not issued on new address - the assessee is required to make an application for change of address in the departmental database of PAN, which in the present case the assessee has failed to do so - Order of CIT(A), ITAT and HC holding the the assessment order as bad in law quashed and set aside.
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October 21, 2019
I.Tax:
Undisclosed income of the Assessee as recorded by the Securities and Exchange Commission in USA - the two communications relied upon by the High Court cannot be taken as admission of non-disclosure nor being a case of unconditional offer to pay tax in that behalf.
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October 21, 2019
I.Tax:
Income Declaration Scheme, 2016 (IDS) - declaration was rejected on the ground that he had failed to pay the tax, surcharge and penalty before due date - Admittedly, there was no regular assessment for the said year, whereby the said advance tax could have been adjusted. Therefore, there is no logic or rationale in denying the petitioner credit of this amount while computing the amount payable by him under the IDS.
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October 21, 2019
I.Tax:
Rejection of books of account and estimation of gross profit - basis of rejection of rejection of accounts by the AO was totally erroneous and uncalled for. - AO has not given any reason which would fall within the four corners of the ingredients as stipulated u/s. 145 (3)
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October 21, 2019
I.Tax:
Levy of Minimum Alternative Tax (MAT) u/s 115JB - the assessee is not eligible for exemption from payment of MAT as per the provisions of section 115JB(6) since, admittedly, it does not qualify as a business or services rendered by an entrepreneur or developer in a unit or SEZ as per definition of the said terms in the SEZ Act.
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October 21, 2019
I.Tax:
Nature of receipt of Damage for unauthorised occupation of property - income from house property or income from other sources - both the lower authorities have erred in treating the assessee’s damages amount as chargeable to tax.
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October 21, 2019
Indian Laws:
Dishonor of Cheque - HC quashed the complaint - as the contract is for the purpose of procuring the land, as such the same is of civil nature, as held by the High Court, is also no ground for quashing. - The High Court has committed an error in allowing the petitions filed under Section 482, Cr.P.C. by the respondents-accused
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October 21, 2019
Indian Laws:
Seeking information under RTI in relation to an income tax assessee - is an indirect attempt to try to seek personal information from the respondent regarding tax records of an assessee - This detail the petitioner cannot get.
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October 21, 2019
S.Tax:
Refund claim - rejection on the ground of time limitation - export of goods - the notification categorically states that the claim for refund “shall” be filed within one year from the date of export of the said goods. The notification does not contain any provision for condoning the delay in filing the claim for refund. - No relief.
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October 21, 2019
C.Ex.:
Classification of goods - Minute Maid Nimbu Fresh - Nimbooz Masala Soda - Nimbooz - they cannot straightway be classified under the three dash “---” 22020 10 20 as lemonade - They would classify under Tariff Item No. 2202 90 20 as fruit juice based drinks.
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October 20, 2019
I.Tax:
Disallowance of foreign travel expenses incurred in respect of the family members of the directors - the foreign travel expenses in respect of the wives, minor children and others fail the test of commercial expediency.
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October 19, 2019
FEMA:
Foreign Exchange Management (Non-debt Instruments) Rules, 2019.
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October 19, 2019
FEMA:
Foreign Exchange Management (Debt Instruments) Regulations, 2019
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October 19, 2019
FEMA:
Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019
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October 19, 2019
Co.Law:
Companies (Filing of Documents and Forms in Extensible Business Reporting Language), Amendment Rules, 2019
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October 19, 2019
SEBI:
Resignation of statutory auditors from listed entities and their material subsidiaries
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October 19, 2019
GST:
Taxable services or not - activity of collecting/ exam fee - the applicant satisfies all the conditions of the pure agent as narrated in the Rule 33 of the CGST Rules, 2017. Therefore amount of fee collected by the applicant from the student as exam fee which is remitted to the respective institute or college or universities is excluded from the value of supply.
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October 19, 2019
GST:
Supply or not - disposing off assets (no CENVAT/VAT Credit was taken) fastened to the building on delivering possession to the lesser, on which no consideration will be received - such transfer or disposal would be a supply of goods by the applicant and it is immaterial whether the said transfer/disposal is for a consideration or not - liable to GST.
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