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Home e-Newsletters Index Year 2023 August Day 29 - Tuesday

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TMI Tax Updates - e-Newsletter
August 29, 2023

Case Laws in this Newsletter:

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



Articles


News


Notifications


Circulars / Instructions / Orders


Highlights / Catch Notes

    GST

  • Refund of unutilized ITC accumulated - Place / location of supply - Export of services or not - OIDAR - supply of service was to be made to M/s. Emirates Defence Industries Co. which was not located in India. Also the place of supply of service was agreed to be outside India, as also the payment of such services was being received by the petitioner/supplier of service in convertible foreign exchange - Benefit of Zero rated supply allowed - Refund to be granted - HC

  • Seeking release of seized currency - Power u/s 67(2) of GST Act to seize unaccounted money - applying the principle of purposive interpretation, the power u/s 67 of the Act cannot be read to extend to enable seizure of assets on the ground that the same are not accounted for. - Money directed to be returned back - HC

  • Income Tax

  • Penalty u/s 271(1)(b) - Manner of service of notice - there is no mentioning of reasons by the A.O. in the assessment order as to why the Notice has to be served through affixture and the A.O. has not mentioned anything regarding efforts of ‘due and reasonable diligence to serve the notice’ on the assessee as required under rule 17 of order V of the CPC, thus the Service of Notice by way of affixture on the Assessee cannot be construed as sufficient Service of Notice. - AT

  • Income deemed to accrue or arise in India - fees for technical services - the assessee is making available RCITP all reports, analysis, tests, tables, plans, drawings or other documents in any form including electronic or printed form for the use of RCITP which enables RCITP to apply and use all these deliverables for its business purposes - Taxable u/A 12 of India-Singapore DTAA - AT

  • Penalty u/s 271(1)(c) - Assessee preferred a claim which was not acceptable to the Revenue - threat of penalty cannot become a gag and/or haunt an assessee for making a claim which may be erroneous or wrong, when it is made during the course of the assessment proceedings - AT

  • Revision u/s 263 - case of “no enquiry” - Regarding introduction of Explanation 2 to section 263, as claimed by Ld. PCIT in his order, we only need to submit that the said Explanation does not give unfettered power to the PCIT to assume revisional-jurisdiction to revise every order of the AO to re-examine the issues already examined during assessment-proceeding. - AT

  • Royality u/s 9 - Addition in respect of license fee for live and non-live transmission qua Sony Pictures Networks India Pvt.Ltd. - In the absence of any corresponding change into DTAA in terms, ratio laid down in New Skies Satellite BV (Supra) the amended provision of section 9 of the Act, would have no application. - AT

  • Reopening of assessment - Assumption of jurisdiction by the A.O for disturbing a concluded assessment of an assessee based on a “change of opinion” is not permitted under law - Re-Assessment order quashed - AT

  • Rectification of mistake u/s 154 - period of limitation - the original assessment u/s 143(3) is dated 21.11.2011 - the order u/s 154 has been passed on 29.06.2017, which is clearly beyond the period of four years specified and therefore, the 154 order passed by the AO is beyond the period of the limitation provided. Accordingly, same is invalid in law and thus it is quashed. - AT

  • Customs

  • Levy of penalty on CHA u/s 114(i) and 114AA of the Customs Act, 1962 - acts of omission and commission in relation to the attempted illegal export of Red Sanders - So, penalty is imposable for his acts of omission or commission, may be deliberate or negligent. His conduct aided and facilitated the illegal attempted export of Red Sanders wood pillars and tops. - The penalty upheld at Rs.1,00,000/- is reduced to Rs.50,000/- - AT

  • Valuation of import of ceramic tiles - Reliance placed in NIDB data on contemporaneous imports - There is no evidence put forward by the department as to the reason for doubting the transaction value. - The department has failed to establish the grounds to reject the transaction value. - AT

  • Levy of IGST on import of goods - classification pumps and pump filters imported for for ‘washing machines’ and ‘dishwashers’ - essential onus devolving on customs authorities for re-classification has not been discharged in the impugned proceedings. - the declared classification of the imported goods prevails. - AT

  • Denial of request of conversion of free shipping bills into drawback shipping bills - Appellant should have been granted opportunity to establish that claim in terms of proviso to Section 149. The impugned order rejecting the request made is hit by the violation of principles of natural justice. - Matter restored back - AT

  • Indian Laws

  • Dishonour of Cheque - insufficiency of funds - As there are specific allegations against the respondent no.1 in the complaint and he was admittedly a partner in the partnership firm when the rent deed was executed, he is liable to face prosecution. Powers under Section 482 of the Code can be exercised by the High Court in case when it comes across unimpeachable and incontrovertible evidence to indicate that the partner of the firm did not have any concern with the issuance of cheques. - SC

  • Scope of arbitral award - The principle of interpretation of contracts adopted by the Division Bench of the High Court that when two constructions are possible, then courts must prefer the one which gives effect and voice to all clauses, does not have absolute application. The said interpretation is subject to the jurisdiction which a court is called upon to exercise. While exercising jurisdiction under Section 37 of the Act, the Court is concerned about the jurisdiction that the Section 34 Court exercised while considering the challenge to the Arbitral Award. - SC

  • Service Tax

  • Supply of tangible goods for use - Lease of Vehicle / Charter of Vessels - during the charter period of vessels the right of possession of vessels and effective control have been transferred to service recipient, therefore the service does not fall under the “Supply of Tangible Goods Service”. - AT

  • Nature of transaction - Service or sale - Classification of service - unlike in a warehouse, the goods (LPG) stored in the ‘bullet’ storage facility installed at the customers premises is not under the control of the appellant and the whole responsibility of the stored LPG is with the customer. Hence, they are not covered under the category of Storage and Warehousing Services as defined under Section 65(102) of the Finance Act, 1994. - AT

  • GTA - Benefit of exemption / RCM - despite there are numbers of limited and private limited companies as service recipients, the Learned Commissioner (Appeals) has assumed that the majority these customers maybe proprietor and accordingly exemption was denied. - The finding given by the learned commissioner (Appeals) is cryptic and cannot be agreed upon - AT

  • Central Excise

  • Rejection of refund claim - appellant has not opted for provisional assessment - the refund claim cannot be rejected merely because an assessee had not opted for provisional assessment when there is excess payment of duty - the rejection of refund-claim alleging that the appellant has not opted for provisional assessment is not justified. - AT

  • Reversal of CENVAT Credit - manufacture of dutiable as well as exempted goods - in a case where assessee avails the Cenvat credit on common input service and the same is used for exempted as well as dutiable goods and even at a later stage the assessee reverse the proportionate credit with payment of interest, if there is any delay in reversal of such credit the demand of 10%/6%/5% shall not sustain. - AT


Case Laws:

  • GST

  • 2023 (8) TMI 1264
  • 2023 (8) TMI 1263
  • 2023 (8) TMI 1262
  • 2023 (8) TMI 1222
  • Income Tax

  • 2023 (8) TMI 1265
  • 2023 (8) TMI 1261
  • 2023 (8) TMI 1260
  • 2023 (8) TMI 1259
  • 2023 (8) TMI 1258
  • 2023 (8) TMI 1257
  • 2023 (8) TMI 1256
  • 2023 (8) TMI 1255
  • 2023 (8) TMI 1254
  • 2023 (8) TMI 1253
  • 2023 (8) TMI 1252
  • 2023 (8) TMI 1251
  • 2023 (8) TMI 1250
  • 2023 (8) TMI 1249
  • 2023 (8) TMI 1221
  • 2023 (8) TMI 1220
  • Customs

  • 2023 (8) TMI 1248
  • 2023 (8) TMI 1247
  • 2023 (8) TMI 1246
  • 2023 (8) TMI 1245
  • 2023 (8) TMI 1244
  • 2023 (8) TMI 1243
  • 2023 (8) TMI 1242
  • PMLA

  • 2023 (8) TMI 1241
  • 2023 (8) TMI 1240
  • 2023 (8) TMI 1239
  • Service Tax

  • 2023 (8) TMI 1238
  • 2023 (8) TMI 1237
  • 2023 (8) TMI 1236
  • 2023 (8) TMI 1235
  • 2023 (8) TMI 1234
  • Central Excise

  • 2023 (8) TMI 1233
  • 2023 (8) TMI 1232
  • 2023 (8) TMI 1231
  • 2023 (8) TMI 1230
  • CST, VAT & Sales Tax

  • 2023 (8) TMI 1229
  • Indian Laws

  • 2023 (8) TMI 1228
  • 2023 (8) TMI 1227
  • 2023 (8) TMI 1226
  • 2023 (8) TMI 1225
  • 2023 (8) TMI 1224
  • 2023 (8) TMI 1223
 

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