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Home e-Newsletters Index Year 2018 April Day 17 - Tuesday

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TMI Tax Updates - e-Newsletter
April 17, 2018

Case Laws in this Newsletter:

Income Tax Customs Corporate Laws Insolvency & Bankruptcy Service Tax Central Excise



Highlights / Catch Notes

    Income Tax

  • Business expenditure u/s 37 - amount paid to the widow of the former Managing Director of the company who passed away - The Assessing Officer should have known that 'Died in Harness' would mean that a person dies while he was in service and does not mean that while on duty. This erroneous interpretation has led to an erroneous Assessment Order. - HC

  • Disallowance of repairs and maintenance expenses paid to WIPRO for offshore services - it is evident from the fact that such payment is not for the purpose of assessee’s business, but for the business of assessee’s parent company. - AO was right in disallowing offshore payment made to WIPRO. - Decided against assessee - AT

  • If expenditure incurred by the assessee are in the nature of annual maintenance contracts, then such expenditure certainly are in the nature of revenue expenditure - AT

  • Addition on account of difference in valuation of stock - Merely non maintenance of stock register by the assessee cannot result into addition unless the AO shows with conclusive evidence that quantitative details submitted by the assessee is incorrect. - AT

  • Service Tax

  • Liability of service tax - services availed for mobilizing finance by using services of foreign company - the IFC Act 1958 clearly provides for immunity of all transactions and operations of IFC - tax liability do not sustain. - AT

  • Tax liability - facility of availing server /web hosting provided by the Foreign Service provider - the same will fall under the overall category of infrastructural support service, which is part of the BSS - the question of revenue neutrality as a legal principle to hold against a tax liability is not tenable. - AT

  • Mandap Keeper Service - activity undertook undertook in their own party hall - value of service as well as the sale of food items shown separately in the invoices - appellant paid service tax on renting of immovable property services - VAT paid on sale of food should not be included in the value of service provided and billed separately - demand set aside - AT

  • GTA Service - Since, the documents issued by the service provider for transportation of goods are not in confirmity with Rule 4B of the Rules - The said documents cannot be termed as consignment note - tax liability under GTA does not arise - AT

  • CENVAT credit - whether the appellant is entitled to avail CENVAT credit of Service Tax on commission paid to sales commission agent who causes sale of Sugar & Molasses, manufactured by the appellants? - there are contrary judgements on the issue. - Taking independent view, credit allowed - AT

  • Central Excise

  • Whether the appellants/respondents manufacturing Refined Vegetable Oil which is exempted under Notification, whether they are entitled to exemption on the items being Fatty acids, Wax, Gums and Spent earth under N/N. 89/1995-CE dated 18.05.1995? - Held Yes - AT

  • Validity of SCN - the show cause notice issued prior to finalization of provisional assessment, when admittedly the assessees were under provisional assessment scheme, is ab initio void - AT


Articles


Notifications


News


Case Laws:

  • Income Tax

  • 2018 (4) TMI 750
  • 2018 (4) TMI 749
  • 2018 (4) TMI 748
  • 2018 (4) TMI 747
  • 2018 (4) TMI 746
  • 2018 (4) TMI 745
  • 2018 (4) TMI 744
  • 2018 (4) TMI 743
  • 2018 (4) TMI 742
  • 2018 (4) TMI 741
  • 2018 (4) TMI 740
  • 2018 (4) TMI 739
  • 2018 (4) TMI 738
  • 2018 (4) TMI 737
  • 2018 (4) TMI 736
  • 2018 (4) TMI 735
  • Customs

  • 2018 (4) TMI 733
  • Corporate Laws

  • 2018 (4) TMI 732
  • 2018 (4) TMI 731
  • Insolvency & Bankruptcy

  • 2018 (4) TMI 734
  • Service Tax

  • 2018 (4) TMI 730
  • 2018 (4) TMI 729
  • 2018 (4) TMI 728
  • 2018 (4) TMI 727
  • 2018 (4) TMI 726
  • 2018 (4) TMI 725
  • 2018 (4) TMI 724
  • 2018 (4) TMI 723
  • 2018 (4) TMI 722
  • Central Excise

  • 2018 (4) TMI 721
  • 2018 (4) TMI 720
  • 2018 (4) TMI 719
  • 2018 (4) TMI 718
 

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