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Highlights / Annotations / Catch Notes For July of 2017

Home Highlights July July 2017 Year 2017

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July 13, 2017 Case Laws Central Excise

CENVAT credit - Broadcasting services - advertising services - the Broadcasting and advertisement have been done on behalf of the appellant and they have borne the......
July 13, 2017 Case Laws Central Excise

Clandestine removal - extended period of limitation - Considering the voluminous nature of evidences, we do hold that the issuance of the second show cause notice dated.....
July 13, 2017 Case Laws Central Excise

Valuation - clearance of manufactured computers after pre-loadingh with Application Software - Deduction of software cost has to be on the basis of amount equivalent to.....
July 13, 2017 Case Laws Service Tax

Business Auxiliary Services - Subvention charges - taxability - Such subvention charges collected are part of the commission, which falls under the taxable category of......
July 13, 2017 Case Laws Service Tax

Self adjustment of excess paid service tax - appellant already claimed the refund for excess amount adjusted against the service tax liability for the month of April,......
July 13, 2017 Case Laws Service Tax

Condonation of delay in filing an appeal - the law of limitation is not intended to defeat the rights of parties except those who are adopting dilatory tactics or......
July 12, 2017 Case Laws Income Tax

Revision order u/s. 263 - CIT(A) was not justified in directing additional claim of ₹ 20 lakhs based on the fresh claim by the assessee. The provisions of section.....
July 12, 2017 Case Laws Income Tax

Un-explained deposit into bank - proof of fund available with the HUF - when the particulars of the cash flow statements are accepted by the AO then the source as......
July 12, 2017 Case Laws Income Tax

Entitlement to registration u/s 12A - DIT(Exemptions) as well as the Tribunal committed 2 mistakes, namely, (a) that of overlooking the first 6 activities covered by......
July 12, 2017 Case Laws Income Tax

Sale of plot - STCG OR LTCG - The mere fact that the sale of the property in the earlier AY and the resultant reduction of the ‘stock in trade’ was not questioned by the....
July 12, 2017 Case Laws Customs

A benefit that was not claimed at the time of import is not available for being extended in recovery proceedings. Accordingly, there is no merit in the claim of the......
July 12, 2017 Case Laws Central Excise

Recovery of interest amount in respect of rebate claim, without issuance of SCN - once it has been held that the appellant is entitled for rebate claim, in absence of......
July 12, 2017 Case Laws Central Excise

Write-off of inputs and finished goods - Since the period covered in this case is prior to insertion of sub rule (5B) in Rule 3 of Credit Rules, 2004, the embargo......
July 12, 2017 Case Laws Central Excise

Re-crdit of duty on goods returned by the customer - the appellants modus operandi does not exhibit that it has come out with clean hands when procedural deviation was......
July 12, 2017 Case Laws Central Excise

100% EOU - clandestine removal of raw materials - When the impugned goods not found at the EOU unit have, however, been subsequently found in their adjacent DTA unit,......
July 12, 2017 Case Laws Central Excise

Refund claim of excess duty paid - valuation of Physician's sample - The assessable value, as indicated in the 2002 circular, is 115% of the cost of production. The......
July 12, 2017 Case Laws Service Tax

Abatement of value of material - N/N. 12/2003-ST dated 20th June 2003 - discharge of VAT liability would preclude the levy of service tax on the value of those goods
July 12, 2017 Case Laws Service Tax

Sub-contract - tax liability - Service Tax is leviable on any taxable services provided, whether or not the services are provided by a person in his capacity as a......
July 12, 2017 Case Laws Service Tax

CENVAT credit - input services - club services - whether the appellant who is a manufacturer of excisable goods, is eligible to avail CENVAT credit of the service tax......
July 12, 2017 Case Laws Service Tax

Cenvat Credit - demand of interest - appellant had taken input service credit even before payments were made, in contravention of Rule 4(7) of CCR, 2004 - appellant......
July 11, 2017 Case Laws Income Tax

Disallowance of Commission paid to Direct Selling Agents (DSA) - the liability to pay the commission / brokerage to DSAs had duly crystallized and hence the comments of.....
July 11, 2017 Case Laws Income Tax

Penalty u/s 271 (1)(c) - computing the revenue neutral income by the assessee as per provisions of Section 10(38) for the Long Term capital gain - Bonafide......
July 11, 2017 Case Laws Customs

Import of restricted item - used tyres of various sizes - imported goods cannot be treated as "hazardous waste" - the clearance of goods shall be allowed for home......
July 11, 2017 Case Laws Customs

Redemption fine - Whether the Tribunal has misdirected itself in law and on facts in holding, that under the provisions of Section 125(1) of the Customs Act, 1962, the......
July 11, 2017 Case Laws Customs

Anti Dumping duty - Whether Anti Dumping Duty is applicable on flat roll product of stainless steel having width between 1250 mm to 1280 mm under N/N. 14/2010-Cus.,......
July 11, 2017 Case Laws Central Excise

Suo-moto the re-credit of such amount debited erroneously - the amount paid by mistake cannot be termed as duty - suo motto credit of Cenvat can be allowed if there is......
July 11, 2017 Case Laws Central Excise

Rate of duty applicable on subject goods - P&P medicaments - The demand of duty would be at the rate as applicable on the day of destruction, when the appellant had......
July 11, 2017 Case Laws Central Excise

100% EOU - Remission of duty - Rule 21 of Central Excise Rules, 2002 - remission is allowed on the goods which were cleared for export but could not be exported due to accident.
July 11, 2017 Case Laws Central Excise

CENVAT credit - Since the godonwn was not a part of the registered factory premises, the same cannot be considered as “place of removal” for the purpose of consideration....
July 11, 2017 Case Laws Central Excise

Classification of Micronutrients - Chelamin, Agromin, Chelafer and Chelacop - In view of presence of nitrogen, and also considering that they are mixtures and not......
July 11, 2017 Case Laws Service Tax

Benefit of abatement - N/N. 1/2006-ST - To the extent that the assessee did not utilise credit, the availment of which is in dispute, there is no detriment to Revenue.......
July 11, 2017 Case Laws Service Tax

Reverse charge - transaction between the overseas branch and the appellant. - In the absence of an activity between the branch and the headquarters for an identified......
July 11, 2017 Case Laws Service Tax

Erection, Commissioning and Installation charges - services provided in respect of erection of sub stations, erection of transmission lines - We fail to understand how......
July 11, 2017 Case Laws Service Tax

Refund claim - rejection on the ground that at the time of export of goods, the appellant was entitled for the benefit of exemption N/N. 17/2008-ST dated 01.04.2008......
July 10, 2017 Case Laws Service Tax

Reverse charge - section 66A of Finance Act, 1994 deems the recipient to the be the provider of service for fastening of tax liability. Such deeming provision is found......
July 10, 2017 Case Laws Service Tax

Valuation - reimbursable expenses - It would not be possible to draw a distinction between the portion of the consideration that does not relate to these activities. In.....
July 10, 2017 Case Laws Companies Law

The revival of Company does not necessarily mean revival and restoring of the usual manufacturing or the business activity. It is a broader term including therein, the......
July 10, 2017 Case Laws Income Tax

The assets transferred being the shares, which was never part of assessment of Stamp Duty Authority of the State Government. In such circumstances that cannot be no......
July 10, 2017 Case Laws Income Tax

Disallowance being donation made u/s.35AC - if there is a malpractice or discrepancies in the management of the Trust Account for which the assessee cannot be......
July 10, 2017 Case Laws Income Tax

Eligibility for deduction u/s 54EC - investment in Bonds specified u/s 54EC after a period of six months from the date of transfer but before the due date specified u/s.....
July 10, 2017 Case Laws Income Tax

Addition u/s 68 - unexplained cash credits - mere recording of the statement and filing acknowledgement of ITR would not be sufficient to prove the creditworthiness of......
July 8, 2017 Case Laws Customs

Valuation of imports - loading of 20% - It would be only natural to assume that the technical know how that has been accrued by way of such payments would go in to each.....
July 8, 2017 Case Laws Customs

Refund claim - once a certificate from Chartered Accountant, who is also statutory auditor, if filed by the appellant, then there is no need for insisting on production.....
July 8, 2017 Case Laws Companies Law

True & Fair view” is not depicted in the Balance Sheet - Generally the decrease in paid up capital can occur in various ways viz buyback of shares, forfeiture of shares,....
July 8, 2017 Case Laws Income Tax

Exemption u/s. 10B - Tribunal correctly held that the assessee cannot be allowed to blow hot and cold. Having set up and established the claim of being engaged in the......
July 8, 2017 Case Laws Income Tax

Reopening of assessment - unaccounted investment in the purchase of the property - There cannot be an automatic presumption that a purchaser of the property had paid......
July 8, 2017 Case Laws Income Tax

"Mark to Market” loss - AO did not disallow the claim of loss but CIT(A) disallowed the claim of loss - In the absence of any fact with regard to the nature of the said.....
July 8, 2017 Case Laws Income Tax

Levying penalty u/s 271(1)(c) - whatever entries were passed in the books were passed in the bona fide manner. No penalty is leviable for violation of deeming provisions
July 8, 2017 Case Laws Service Tax

Nature of activity of "chit fund business" - cash management / fund management - whether classifiable under the category of "banking and other financial services" - No......
July 7, 2017 Case Laws Service Tax

Business auxiliary services - various components of the sale value recovered as ‘trade margin’ - the appellant does not, at any stage, become the owner of the goods,......

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