Follow Us :

Archive: 16 November 2014

Posts in 16 November 2014

Free Webinar: Analysis of 10 Recent Income Tax Judgments in Favour of Assessee

July 1, 2024 1392 Views 0 comment Print

Join our free webinar on July 7 at 5 PM for insights into 10 recent High Court income tax judgments favoring assessees. Expert analysis by CA Dipak Dama.

Service tax in respect of same transaction cannot be demanded again for payment under different category

November 16, 2014 756 Views 0 comment Print

Coca Cola India Pvt. Ltd.(the Appellant) entered into an Agreement with KPH Dream Cricket Pvt. Ltd. (KPH) for sponsoring the cricket team Kings XI Punjab. On the said contractual consideration, a Service tax of Rs. 37,08,000/- was collected by KPH from the Appellant

Doctrine of unjust enrichment applies to pre-deposit amount & can be substantiated by CA certificate

November 16, 2014 1721 Views 0 comment Print

Siddhi Vinayak Steel Vs. Commissioner of Customs, Mumbai [2014 (10) TMI 689 – CESTAT MUMBAI] Certain goods belonging to Siddhi Vinayak Steel (the Appellant) and lying at Shreenath Warehouse were seized when the SIIB found that certain goods were illegally imported through Chennai port under DEEC license for local market in Mumbai.

Sham Transactions with object to reduce tax liability liable for Penalty

November 16, 2014 2828 Views 0 comment Print

In the case in hand, from the facts, it was clearly established that the assessee had put a wrongful claim of depreciation and thereby had furnished inaccurate particulars of income for the purpose of concealment of real income, hence, the penalty proceedings were correctly initiated by the AO.

Imparting computer education in schools along with providing computers/ accessories is a Works contract and liable to Sales tax

November 16, 2014 1466 Views 0 comment Print

NIIT Limited (the Petitioner) executed a contract dated June 29, 2002 (the Contract) with the Government of Andhra Pradesh for imparting computer education in High Schools in the State of Andhra Pradesh, including leasing of computer hardware, software and connected accessories on Build Own Operate Transfer (BOOT) basis.

Rule 37BA (credit for TDS) inserted w.e.f. 01.04.2009 is to be treated as being retrospective in nature

November 16, 2014 80482 Views 2 comments Print

The assessee is a Chartered Accountant carrying on his profession under the partnership firm M/s. Tiwari & Co. for and from the year 1983. The partnership firm M/s. Tiwari & Co. got dissolved w.e.f. 30.12.2006 and assessee became proprietor of this firm.

Cenvat credit taken on inputs cannot be denied merely because original manufacturer of inputs is not traceable

November 16, 2014 1003 Views 0 comment Print

In the instant case, Kirtida Silk Mills (the Appellant) availed Cenvat credit of duty paid on inputs, which was denied by the Department and the proceedings were initiated for recovery of Cenvat credit wrongly taken.

Cenvat credit allowable on Capital goods used initially in the manufacturing of exempted goods

November 16, 2014 2683 Views 0 comment Print

Cenvat credit allowable on Capital goods used initially in the manufacturing of exempted goods but, at time of receipt, the Assessee had intention to use said Capital goods for manufacturing of both dutiable as well as exempted goods

Utilization of credit for payment of duty which was not required to be paid is effectively reversal of credit

November 16, 2014 1531 Views 0 comment Print

No need to reverse Cenvat credit availed of duty paid on HR coils/sheets for discharging duty on HR slitted and pickled coils on dispute whether slitting and pickling is a manufacturing activity under Section 2(f) of the Central Excise Act, 1944

Penalty not warranted when importer was not having any knowledge of mis-declaration of goods

November 16, 2014 826 Views 0 comment Print

Medi Pharma Drug House (the Assessee) obtained a licence to import into India the drug named‘ Cyanocobalamin (Vitamin B12) BP/USP/IP’ manufactured by North China Pharmaceutical Victor Co. Ltd. of China (North China Company).

Refund of excess duty paid cannot be denied merely on the ground of non-production of original invoices

November 16, 2014 688 Views 0 comment Print

Deepak International(the Appellant)imported lighting fixtures (impugned goods) for which the Customs Authorities enhanced the value of the impugned goods. The Appellant cleared the impugned goods on payment of higher duty amount of Rs. 3,12,418/-.

Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031