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Home e-Newsletters Index Year 2017 March Day 16 - Thursday

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TMI Tax Updates - e-Newsletter
March 16, 2017

Case Laws in this Newsletter:

Income Tax Customs Service Tax Central Excise CST, VAT & Sales Tax Indian Laws



TMI SMS


Highlights / Catch Notes

    Income Tax

  • TDS u/s 192 from salary - in the instant case it cannot be stated that assessee’s estimation is bonafide or honest estimation of salary income of its employees - AO had rightly passed the orders u/s. 201(1) and 201(1A) - AT

  • Exemption u/s 11 - Jaipur National University (JNU) doesn’t qualify as a specified person u/s 13(3) - Accordingly, the contribution to JNU will qualify as due application of income in the hands of the assessee society and the same cannot be a basis for denial of exemption under Section 11 to assessee society. - AT

  • TDS u/s 195 - services provided by two Belgium parties cannot be considered as technical services as there was no making available of technology by the said two non-resident parties - No TDS liability - AT

  • Charging of interest u/s.234C - Interest for deferment of advance tax - whether to charge interest u/s.234C only on the income disclosed in the return of income filed u/s.139 or the income disclosed in the return of income filed u/s.148? - levy of interest confirmed - AT

  • Study expenses incurred for the daughter of brother of the Director - she had executed a bond stating that after her higher study she would work in the company. In fact she worked in company for 32 Months after her higher study - Company had reaped the benefits and expertise to promote its business operations and maintain labour harmony - expenses allowed - AT

  • Customs

  • Penalties u/s 112 (a) of CA, 1962 on CHA - at the time of filing the bill of entry the appellants did not get all the required documents to fulfill the KYC norms of the importer. Such act may attract proceedings, if at all, under the regulations for licensing of a CHA - No penalty - AT

  • Absolute confiscation - foreign currency - appellant had not declared that he was carrying foreign exchange - in the absence of any prescription requiring declaration of foreign currency taken out of the country, no justification found to sustain the impugned order - AT

  • Import of Gold Findings - The notification fixing 10% rate of duty did not provide for any condition to be fulfilled. The impugned order also records clearly that there is no “actual user” condition in the notification - Adjudicating Authority cannot add additional conditions in the statutory provisions - AT

  • although the benefit of exemption Notification was not claimed by the Appellants at the time of import, but claimed at a later date, the legitimate exemption, which was otherwise available, should not have been denied - non-filing of appeal against the assessment of the Bill of Entry does not deprive the assessee the right to file refund. - AT

  • Import of drawings and designs specifications - The appellant have already discharged the Service Tax on the said receipt of drawings - there was no further requirement to file further Bill of Entry with the declared value - AT

  • Service Tax

  • The appellant is eligible for abated rate of duty in terms of N/N. 1/2006-ST as they reversed the entire Cenvat credit availed during the material time along with applicable interest - AT

  • 100% EOU - Refund claim - various input services - these are minor Civil works received by the appellant for the purpose of renovation/repair and maintenance of the premises of the appellant - these services would not fall within the exclusion portion of the definition of input services - rejection of refund unjustified - AT

  • Imposition of penalty u/s 78 - delay in payment of tax - Financial hardship cannot be pleaded against penal action when the tax collected is not remitted to the Government and used for other expenses - penalty upheld - AT

  • Franchise Service - Extended period of limitation - it is submitted that since the business activities of the appellant were known to the Department, suppression of facts cannot be alleged - demand set aise - AT

  • Cleaning service rendered to railways, diesel locomotives, railway station premises, general manager's office, Airport Authority of India and certain colleges and schools - whether these organizations are commercial organizations or not so as to attract levy of service tax? - Held Yes - AT

  • Tax liability - sub-contract - the main contractor has discharged the service tax liability and the same has been informed to the department by the appellant - demand not sustainable - AT

  • CENVAT credit - credit was availed on input service on the strength of debit notes, letters, bills, vouchers and other documents issued by service providers - The appellant succeeds both on merits as well as on limitation - credit allowed - AT

  • Imposition of penalty u/s 78 of FA, 1994 - mere failure to take registration or mere non-filing of returns cannot be considered as suppression of facts - penalty waived invoking section 80 - AT

  • Central Excise

  • Valuation - The royalty charges paid in respect of technical knowhow would be includible in the cost, irrespective of the fact that the same are paid at the time of sale. The measure of the royalty on the basis of sale price is just a convenient mechanism to measure the royalty payable on account of transfer of technical knowhow. - AT

  • Waiver of interest and penalty - seeking of waiver on the ground that duty was paid prior to issuance of SCN - Since the goods were cleared clandestinely the confiscation of the goods and vehicle is also in accordance with law, waiver cannot be granted - AT

  • SSI exemption - use of brand name of others - it is obvious that the appellants are not the owners of the brand name, but they have merely acquired the right to produce goods under the brand name without any rights to sell the goods under the said brand name - demand confirmed - AT

  • SSI exemption - clubbing of clearances - merely because units set up by the family members, by clubbing of clearance, we would be doing great disservice to the spirit of entrepreneurship which is the driving force of economic growth of any community or state - AT

  • Inter unit transfer - clandestine removal or not - the goods though recorded in the RG-I register of unit I were found in unit II due to shortage of space in unit I and due to the monsoon season, have not been found to be untrue - there is no clandestine activity found by the Revenue calling for punitive measures - AT

  • SCN were issued periodically for normal period therefore there was no suppression of facts and for that reason only for every period within normal period of one year, different show cause notices were issued. Since there is no suppression of facts, the ingredient required for invoking the Section 11AC does not exist in the present case - levy of penalty waived - AT

  • CENVAT credit - the use of MS items for fabrication of capital goods namely Storage Tank and the credit availed by the appellant under the category of inputs is legal and proper - AT

  • VAT

  • Reversal of ITC u/s 19(16) of the TNVAT Act, 2006 - verification of web report of buyer and seller as per Annexure-I revealed that the Assessee had claimed certain amount as ITC, but the other end dealers have not paid VAT as per Annexure-II of the sellers - Though department has power to reject the ITC, matter remanded back for verification - HC

  • Recovery of tax dues by coercion - Unless the liability attains finality through legal process, i.e. except through procedure established by law, the respondents have not right to demand the tax - the cheque could not been given voluntarily - first respondent is directed to return the petitioner's cheque - HC


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • Income Tax

  • 2017 (3) TMI 579
  • 2017 (3) TMI 578
  • 2017 (3) TMI 577
  • 2017 (3) TMI 576
  • 2017 (3) TMI 575
  • 2017 (3) TMI 574
  • 2017 (3) TMI 573
  • 2017 (3) TMI 572
  • 2017 (3) TMI 571
  • 2017 (3) TMI 570
  • 2017 (3) TMI 569
  • Customs

  • 2017 (3) TMI 590
  • 2017 (3) TMI 589
  • 2017 (3) TMI 588
  • 2017 (3) TMI 587
  • 2017 (3) TMI 586
  • 2017 (3) TMI 585
  • 2017 (3) TMI 584
  • 2017 (3) TMI 583
  • Service Tax

  • 2017 (3) TMI 622
  • 2017 (3) TMI 621
  • 2017 (3) TMI 620
  • 2017 (3) TMI 619
  • 2017 (3) TMI 618
  • 2017 (3) TMI 617
  • 2017 (3) TMI 616
  • 2017 (3) TMI 615
  • 2017 (3) TMI 614
  • 2017 (3) TMI 613
  • 2017 (3) TMI 612
  • 2017 (3) TMI 611
  • Central Excise

  • 2017 (3) TMI 610
  • 2017 (3) TMI 609
  • 2017 (3) TMI 608
  • 2017 (3) TMI 607
  • 2017 (3) TMI 606
  • 2017 (3) TMI 605
  • 2017 (3) TMI 604
  • 2017 (3) TMI 603
  • 2017 (3) TMI 602
  • 2017 (3) TMI 601
  • 2017 (3) TMI 600
  • 2017 (3) TMI 599
  • 2017 (3) TMI 598
  • 2017 (3) TMI 597
  • 2017 (3) TMI 596
  • 2017 (3) TMI 595
  • 2017 (3) TMI 594
  • 2017 (3) TMI 593
  • 2017 (3) TMI 592
  • 2017 (3) TMI 591
  • CST, VAT & Sales Tax

  • 2017 (3) TMI 582
  • 2017 (3) TMI 581
  • Indian Laws

  • 2017 (3) TMI 580
 

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