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Highlights / Annotations / Catch Notes For May of 2018

Home Highlights May May 2018 Year 2018

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May 5, 2018 Case Laws GST AAR

Krishi Kalyan Cess Credit from ISD Returns Not Admissible as Input Tax Credit under CGST Act 2017.
May 5, 2018 Case Laws GST HC

High Court rules incomplete e-way bill without vehicle number doesn't justify goods seizure; quashes Section 129(3) order.
May 5, 2018 Case Laws Customs HC

Petitioner can maintain settlement application despite rejection due to Show Cause Notice u/s 127-A(b).
May 5, 2018 Case Laws Customs AT

Redemption fee for re-export of misdeclared Crude Palm Stearin reduced to 20% after being deemed excessively harsh.
May 5, 2018 Case Laws Income Tax HC

Court Rules Reassessment Valid: Lack of Mention in Order Doesn't Mean Non-Consideration of Escaped Income.
May 5, 2018 Case Laws Income Tax HC

ITAT Deletes Undisclosed Income Additions; Genuineness of Gift Payments Questioned, Referred to Larger Bench for Review.
May 5, 2018 Case Laws Income Tax AT

Court Rules Commercial Vehicles Not Used for Hire; Depreciation Rate Set at Standard 15% Instead of 30%.
May 5, 2018 Case Laws Income Tax AT

Assets Qualify for Depreciation if Used for a Single Day; Future Ownership Doesn't Affect Eligibility.
May 5, 2018 Case Laws Income Tax AT

Section 271AAB Penalty Not Applicable for Commodity Profit in Other Documents Found During Search; Not "Undisclosed Income.
May 5, 2018 Case Laws Income Tax AT

Payments to Ex-Partners or Spouses of Deceased Partners Not Taxable Due to Income Diversion by Overriding Title.
May 5, 2018 Case Laws Income Tax AT

AO Cannot Directly Apply Rule 8D(2)(iii) for Disallowance u/s 14A on Exempt Income Expenses.
May 5, 2018 Case Laws Indian Laws SC

Arbitrator Rules: No Reimbursement for Excess Wages Due to Haryana Notification; Contract Terms Must Be Upheld.
May 5, 2018 Case Laws Service Tax HC

Summons in Service Tax Inquiries Are Preliminary and Not Indicative of a Show Cause Notice Decision.
May 5, 2018 Case Laws Service Tax AT

SIM Card Sales Not Telecommunication Services: No Service Tax Demand, Business Activity Reclassified.
May 5, 2018 Case Laws Service Tax AT

CHA Service Incentives from Airlines and Shipping Liners at 2% Brokerage Not Subject to Service Tax.
May 5, 2018 Case Laws Service Tax AT

Appellant Not Liable for Service Tax on Royalty Without Invoice or Payment as per Rule 6, Service Tax Rules 1994.
May 5, 2018 Case Laws Service Tax AT

Appellants Liable for Service Tax on Bar Activities from July 1, 2012, to March 28, 2013, per Section 65B(44) Finance Act.
May 5, 2018 Case Laws Service Tax AT

Xerox's Maintenance and Repair Services Not Taxable Under Works Contract: Section 65 (105) (zzzza) Finance Act, 1994.
May 5, 2018 Case Laws Service Tax AT

Refund Credit Limited to Reversed Amount u/r 5; No Reversal Needed for Domestic Service Tax Payments per Rule 3(5C).
May 5, 2018 Case Laws Central Excise AT

Printed Computer Stationery Classified Under Chapter 49 for Taxation, Not Chapter 48.20.
May 5, 2018 Case Laws Central Excise AT

Manufacturers Can Claim Credit for Inputs Used in Final and Intermediate Products by Exempted Job-Workers.
May 5, 2018 Case Laws Central Excise AT

Deemed Export Benefit Applies to Diesel Generator Supply for Government Project with Authority Certificate Approval.
May 5, 2018 Case Laws Central Excise AT

Pump Set Assembly Deemed Manufacturing Process Under Central Excise, Affecting Tax Obligations for Appellants.
May 5, 2018 Case Laws Central Excise AT

CENVAT Credit Valid for Goods from First Stage Dealer, Even if Sourced from Non-Manufacturer, If Bought in Good Faith.
May 5, 2018 Case Laws Central Excise AT

Claimants can select the most beneficial exemption when multiple options are available for the same goods.
May 4, 2018 Case Laws GST AAR

Railway track maintenance contracts taxed at 18% GST under Serial No. 3(ii) of Rate Notification.
May 4, 2018 News GST

GST Council Reviews Digital Transaction Tax Rates, Proposes Sugar Cess to Support Industry and Boost Digital Payments.
May 4, 2018 News GST

GST Network Updates Shareholding Structure for Better Efficiency and Governance; Stakeholder Details Unrevealed.
May 4, 2018 News GST

GST Council Approves New Return Filing Design for Simpler, User-Friendly Tax Compliance Following IT Simplification Recommendations.
May 4, 2018 News Indian Laws

Draft Notification Clarifies Fair Market Value Assessment for Inventory u/s 28(via) of Income-Tax Act, 1961.
May 4, 2018 Circulars FEMA

AD Category I Banks Must Comply with Directorate of Revenue Intelligence Data-Sharing Rules Immediately for Enhanced Transparency.
May 4, 2018 Circulars FEMA

Guidelines for Monitoring Foreign Investment Limits in Indian Listed Companies under FEMA Regulations to Ensure Compliance.
May 4, 2018 Case Laws GST HC

Government Clarifies 'Part B' of GST E-way Bill: No Grounds for Seizing Goods and Vehicles for Non-compliance.
May 4, 2018 Case Laws Customs AT

Customs Brokers' Operations Limited to Specific Sections, Not Entire Customs Station or Commissionerates, Per Regulation.
May 4, 2018 Case Laws Income Tax SC

Supreme Court Affirms ICDs' Eligibility for Tax Deduction u/s 80-IA(4) of the Income Tax Act.
May 4, 2018 Case Laws Income Tax SC

Loan Waiver Not Taxable u/ss 28(iv) and 41(1) of Income Tax Act; Not a Trading Liability Cessation.
May 4, 2018 Case Laws Income Tax SC

Court Rules on Section 10A: Exclusions from "Export Turnover" Must Match "Total Turnover" for Fair Tax Deductions.
May 4, 2018 Case Laws Income Tax HC

Court Rules Penal Excise Duty Not Disallowed u/s 37(1) If Not Penal in Nature.
May 4, 2018 Case Laws Income Tax AT

Assessee's Exemption Claim Denied Due to Absence in AOP Audit Report; Disallowance Upheld by Authorities.
May 4, 2018 Case Laws Income Tax AT

Customs Duty and Clearing Charges Must Be Included in Closing Stock Valuation for the Relevant Year.
May 4, 2018 Case Laws Income Tax AT

Penalty for Late TDS Filing Reversed Due to Reasonable Cause; Section 272A(2)(k) Penalty Deleted by Assessing Officer.
May 4, 2018 Case Laws Income Tax AT

Assessee Not Required to Deduct TDS on Reimbursed Octroi Charges, No Legal Obligation Arises with Additional Transport Costs.
May 4, 2018 Case Laws Income Tax AT

Court Rules E-commerce Loss Valid, Not Capital, in Predatory Pricing Case; AO Must Accept Tax Return Loss.
May 4, 2018 Case Laws Income Tax AT

Airlines' Collection Charges Not Disallowed if Tax Paid and Return Filed on Time, Says Court.
May 4, 2018 Case Laws Service Tax AT

No Penalty Imposed: Correct Value Declared in ST-3, No Fact Suppression Under Sec 73(3) Despite Unpaid Service Tax.
May 4, 2018 Case Laws Service Tax AT

Rebate Granted Despite Procedural Errors in Filing: Incorrect Categorization and Omissions Considered Substitutable and Condonable.
May 4, 2018 Case Laws Service Tax AT

Service Tax Applied on Discounted Pre-Paid Vouchers: Assessee Must Pay on Amount Charged to Distributors.
May 4, 2018 Case Laws Central Excise HC

High Court Rules Cenvat Credit Amendment on Embedded Capital Goods Not Retrospective; Effective from July 7, 2009.
May 4, 2018 Case Laws Central Excise AT

Valuation of Bought-Out Goods in Central Excise: No Duty Demanded if Goods Aren't Excisable at Clearance.
May 4, 2018 Case Laws Central Excise AT

Appellants Denied CENVAT Credit on Service Tax for Employee Insurance from Separate Units.

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