"01 April 2013" Archive

No penalty if wrong claim is due to mistake/ wrong advice of CA

The Commissioner of Income Tax-I, Mumbai Vs Somany Evergree Knits Ltd (Bombay High Court)

The grievance of the revenue is that the mistake ought to have been rectified by filing a revised return of income. The Tribunal held that the time to file a revised return had expired. In any event, it is not disputed that it was a bonafide mistake on the part of the respondent-assessee. In that view of the matter, imposition of penalty...

Read More

Changes in Service tax Exemption Provisions WEF 01.04.2013

Exemptions (A) The following exemptions are being rationalized: * Rationalization of exemption limit prescribed for charitable organizations, providing service towards any other object of general public utility. So far, the limit was 25 Lakh Rupees per annum. Now, they will be covered by the threshold exemption. * Exemption provided to re...

Read More
Posted Under: Income Tax |

ST – Changes in Mega Exemption List W.E.F April 1, 2013

CHANGES IN MEGA EXEMPTION LIST W.E.F APRIL 1, 2013 VIDE NOTIFICATION NO. 3/2013-ST DATED. 1-3-2013 AMENDING NOTIFICATION NO. 25/2012-ST DATED. 20-6-2012: • Under S. No. 9 – Exemption by way of auxiliary educational services and renting of immovable property provided by specified educational institutes will not be available i.e. Ex...

Read More
Posted Under: Income Tax | ,

No provision U/s. 85 to condone delay beyond period of 3 months on expiry of limitation period

Amhar Associates Vs Commissioner of Central Excise & Service Tax, Lucknow (CESTAT Delhi)

The order impugned before the Commissioner was received by the appellant on 04.09.2010 and the appeal was filed on 11.08.2011. Commissioner (Appeals) has observed that there is no provision under Section 85 of the Finance Act, 1994 to condone the delay beyond the period of three months on expiry of the limitation period....

Read More

Repair services provided by shipchandlers authorised by ‘port’ amounted to ‘port service’

Kandla Shipchandlers & Ship Repairers Association Vs Union of India (Gujarat High Court)

It is not in dispute that the members of the petitioner-Association are authorized by the port authorities constituted under the Major Port Trusts Act, 1963 to provide such services. It is also not in dispute that without such authorization, such services could not be rendered by them. In fact, the petitioners have produced on record, a l...

Read More

Seizures of non-duty paid cigarette manufactured by petitioner is sufficient reason to believe for issue of search authorization

Elora Tobacco Co. Ltd. Vs Deputy Director, DGCEI (Madhya Pradesh High Court)

On going through the said record we find that the Additional Director General, in his proceedings/orders dated 15-2-2011 has recorded that on the basis of the various searches conducted at various premises of manufacturers, godowns and dealers of various cigarette manufacturers in the country, different brands of cigarettes which were kep...

Read More

Pre-deposit requirement for appeal filing may be waived if Assessee has no means to pay the same

Bhavya Apparels (P.) Ltd. Vs Union of India (Gujarat High Court)

We have perused the balance sheet of the company placed on record. Year after year company continued to incur huge loss. Balance sheet suggests that there is no manufacturing or other activity being undertaken by the company and with each successive year, accumulated loss swell. In fact net profit of the company is in negative since long....

Read More

CCE cannot claim to be more loyal than the King

Union of India Vs Ind Metal Extrusions (P.) Ltd. (Delhi High Court)

Counsel for the respondent is right in relying on sub-sections (5) and (6) of section 35EE to point out that in case the Central Government suo motu decides to issue notice to the assessee to enhance the penalty or fine or duty and after hearing the assessee decides to drop the proceedings, no grant of any opportunity to the Commissioner ...

Read More

Extended period not to be invoked if order in assessee’s favour is overruled by a larger bench

Nice Color Lab Vs Commissioner of Central Excise, Jaipur (CESTAT Delhi)

The disputed issue relating to inclusion of cost of materials used for providing photographic services, which stands decided against the appellant by a Larger Bench decision of the Tribunal in the case of Aggarwal Colour Advance Photo System v. CCE [2011] 33 STT 33....

Read More

‘Rent-a-cab service’ for transportation of staff from railway station to container freight station run by assessee is eligible input service

Allcargo Global Logistics Ltd. Vs Commissioner of Central Excise, Raigad (CESTAT Mumbai)

The issue in the present case is whether service tax paid on 'rent-a-cab service' for transportation of staff from Vashi railway station to the container freight station run by the appellant is an eligible input service under Rule 2(l) of the Rule or not. The Hon'ble High Court of Karnataka in the case of Stanzen Toyotetsu India (P.) Ltd....

Read More