Margin earned by franchisees on sale of SIM cards/recharge coupons not liable to service tax

 12 February 2016

The Hon-ble CESTAT, Allahabad relying upon plethora of judicial pronouncements held that in the instant case, BSNL has already paid Service tax on the SIM cards and recharge coupons sold to the Appellant and therefore, again demanding Service tax fro

Posted in Service Tax |    0 comments |   24 hits


The transfer of shares of an Indian company by a holding Company to another holding Company results in disallowance of brought forward losses

 28 January 2016

The transfer of shares of an Indian company by a holding Co (Yum Asia) to another holding Co (Yum Singapore) results in change of -beneficial ownership- of shares and results in disallowance of b/fd losses even though the ultimate beneficial owner re

Posted in LAW |    0 comments |   265 hits


ITAT Power to grant stay beyond 365 days

 21 January 2016

Even in case of substituted third proviso to Section 254(2A) of the Act which restricts the power of the ITAT to grant stay beyond 365 days -even if the delay in disposing of the appeal is not attributable to the assessee- has been struck down in Pep

Posted in LAW |    0 comments |   302 hits


Suspicion of highest degree cannot take place of evidence

 20 January 2016

Bogus Sales/ Purchases: Addition solely on the basis of information received from the sales-tax department is not sustainable. Suspicion of the highest degree cannot take the place of evidence.

Posted in Others |    0 comments |   320 hits


Where purchase price fixed in first contract has been subsequently revised prior to importation of goods, then the Customs duty would be payable on revised price

 22 December 2015

The Hon-ble Apex Court held that price was genuinely revised & gets reduced by amending the MOA and there was nothing wrong on the part of the Appellant to declare the price in the BOE. Hence, Customs duty should be determined on the basis of assessa

Posted in Custom 1 comments |   496 hits


Assessable value would be the transaction value where it isn’t influenced by the relationship between the buyer and the seller

 21 December 2015

Hon-ble Tribunal held there is no reason to differentiate between the cars imported under Carnet and the cars imported otherwise. Valuation under Section 14 of the Customs Act clearly provides that the value shall be the transaction value where the b

Posted in Custom |    0 comments |   505 hits


Provisions of interest on belated refund in terms of Section 27A of the Customs Act also applies on belated refund of SAD

 18 December 2015

The Hon-ble High Court of Delhi held that 'Duty' as defined in Section 2(15) of the Customs Act, is wide enough to cover all kinds of duty, including SAD. Hence, as per Section 3(8) of Customs Tariff Act, provisions of Customs Act insofar as they rel

Posted in Custom |    0 comments |   515 hits


Refund claim cannot be denied when excess duty has been returned through debit/credit notes

 18 December 2015

The Hon-ble-CESTAT, Mumbai held that on clarification, the Appellant has issued Credit Notes & against the said Credit Notes, the buyer of the goods has returned the excess charged Excise duty.

Posted in Excise |    0 comments |   514 hits


Cenvat credit on input services availed prior to initiation of manufacturing activity is admissible

 17 December 2015

The Hon-ble-CESTAT, New Delhi, held that a plain reading of Rule 3 and Rule 7 of the Credit Rules clarifies that there would be no restriction if-assessee-avails-Cenvat-credit on procurement of inputs/input services prior to start of manufacture. In

Posted in Excise 1 comments |   555 hits


Simultaneous availment of SSI exemption and Cenvat on inputs used in goods cleared on payment of duty is permissible

 15 December 2015

The Hon-ble CESTAT, Chennai, applied the ratio of the Apex court decision in case of-Nebulae Health Care Ltd. Vs. CC Chennai [2006-TIOL-1380-CESTAT-MAD],-which squarely applies to the instant case, wherein the Hon-ble Supreme Court after distinguishi

Posted in Excise |    0 comments |   556 hits


Excise duty payable on transaction value under Section 4 of the Excise Act

 14 December 2015

The Hon-ble Supreme Court affirmed the decision of the Tribunal, wherein it was held that while the Respondent had declared that goods were not meant for retail sale, revenue could not produce any evidence to contrary and hence, duty was rightly paid

Posted in Excise 1 comments |   567 hits


Cenvat credit cannot denied to the service recipient for non-payment of Service tax by the service provider

 12 December 2015

The Hon-ble CESTAT, Ahmedabad, held that a service recipient can only see the Cenvatable document under which Service tax paid/ payable has been indicated. However, it is not the case of the revenue that the service provider does not exist. Hence, th

Posted in Service Tax |    0 comments |   562 hits


Cenvat credit is allowable of ST paid on the insurance premium to the Insurance Company for Group Insurance and medi-claim policies taken for existing employees as well as for the retired employees

 11 December 2015

The Hon-ble CESTAT, Mumbai, held that the Appellant is eligible to avail Cenvat credit of the Service tax paid on insurance premium to the Insurance Company for Group Insurance and medi-claim policies taken for existing employees as well as for the r

Posted in Service Tax 1 comments |   606 hits


Cenvat credit is admissible even though the Appellant was not registered with the Service Tax Department at the time of availing input services

 09 December 2015

The Hon-ble CESTAT, New Delhi held that neither in the show cause notice nor in the impugned order, it has been disputed that the Appellant has not availed input service and has not paid Service tax. Hence, the Appellant is entitled to take Cenvat cr

Posted in Service Tax |    0 comments |   565 hits


Supply to high seas vessel is liable to VAT if any territorial nexus exist in the State

 07 December 2015

The Hon-ble High Court-of Bombay relying upon the case of-Tata Iron & Steel Company Vs. State of Bihar [AIR 1958, SC 452]-held that for levying tax, it was not necessary that the sale should take place within the territorial limits of the State. The

Posted in VAT |    0 comments |   372 hits


No VAT on free supply of medicines

 05 December 2015

The Hon-ble High Court held that the State Government isn-t competent to levy tax on the basis of Maximum retail price or any other notional value and further held that the State Government can-t provide an option to the concerned dealer to pay VAT i

Posted in VAT |    0 comments |   378 hits


Post-importation services could not be added to the value of the goods imported

 05 December 2015

The Hon-ble Supreme Court-relying upon its own case in the case of-Commissioner of Customs, Ahmedabad Vs. M/s. Essar Steel Ltd. [2015(319) ELT 202]-held that the services in terms of Technical Know-how Agreement has been provided post importation, an

Posted in Custom |    0 comments |   292 hits


Refund claim is allowed even if the claim is not filed on letter head and further, the question of foreign exchange realization does not arise in case of export of goods as free replacement of defective goods

 02 December 2015

The Hon-ble CESTAT, New Delhi has upheld the decision of the Commissioner (Appeals) that in a catena of decisions, the view has been expressed that when export of goods and payment of duty on exported goods is not in question, minor deviations from t

Posted in Excise |    0 comments |   312 hits


When Cenvat credit towards exempted goods has been reversed after audit objection but before issuance of SCN, penalty under Section 11AC of the Excise Act read with Rule 15 of the Credit Rules is not imposable

 01 December 2015

The Hon-ble CESTAT, New Delhi relying upon the case of-Commissioner of Central Excise, Ludhiana Vs. Sangrur Agro Ltd. [2010 (2) TMI 438 - PUNJAB & HARYANA HIGH COURT]-dealing with reversal of amount under Section 6(3)(b) of the Credit Rules, held tha

Posted in Excise 1 comments |   299 hits


Courses falling under the category of 'vocational training' enables students to seek employment/self-employment and exempt from the levy of ST under Notification 9/2003-ST dated March 1, 2003

 30 November 2015

The Hon-ble CESTAT, Mumbai has held that the courses provided by the Appellant were falling under the category of 'vocational training', which enables students to seek employment/self-employment and therefore, exempt from the levy of Service tax unde

Posted in Service Tax |    0 comments |   327 hits








Updated on : 12/02/2016 15:10:00




close x