"16 November 2014" Archive

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

Coca Cola India Pvt. Ltd. Vs. Commissioner Of Service Tax (CESTAT Delhi)

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...

Read More
Posted Under: Service Tax |

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

Siddhi Vinayak Steel Vs. Commissioner of Customs, Mumbai

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....

Read More
Posted Under: Service Tax |

Sham Transactions with object to reduce tax liability liable for Penalty

Times Guaranty Ltd Vs ACIT (ITAT Mumbai)

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. ...

Read More

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

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....

Read More
Posted Under: Service Tax |

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

Parmanand Tiwari Vs ITO (ITAT Kolkata)

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....

Read More

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

Kirtida Silk Mills Vs. Commissioner of Central Excise & Customs (Gujarat High Court)

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....

Read More
Posted Under: Service Tax |

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

Brindavan Beverages Pvt. Ltd. Vs. Commissioner of Central Excise (CESTAT Delhi)

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...

Read More
Posted Under: Service Tax |

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

Asian Colour Coated Ispat Ltd. Vs. Commissioner of Central Excise (CESTAT Delhi)

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...

Read More
Posted Under: Service Tax |

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

Commissioner of Customs (Imp.), Nhava Sheva Vs. MediPharma Drug House

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)....

Read More
Posted Under: Service Tax |

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

Deepak International Vs. Commissioner of Cus. & Service Tax

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/-....

Read More
Posted Under: Service Tax |

Transaction value cannot be rejected on mere doubt, without any reasonable & justifiable evidence

Kelvin Infotech Pvt. Ltd. Vs. Commissioner of Customs

Kelvin Infotech Pvt. Ltd.(the Assessee) entered into a contract with Argain Company Ltd., Taiwan for purchasing stock lot of LCD TVsof 3600 PCs of Samsung, Sony and Sanyo brand of various assorted models/sizes (impugned goods) on ‘as is, where it is basis’ and at 15% discount ...

Read More
Posted Under: Service Tax |

Harmonization of Rules, formats & fees in all SEZs

The Ministry of Commerce and Industry, Department of Commerce vide SEZ Division Letter in D.12/25/2012-SEZ, dated October 28, 2014, has harmonized the Rules, formats and fees in all the SEZs formats by standardizing the following procedures for adaption in all Zones:...

Read More
Posted Under: Service Tax |

Digitalization of applications/permissions by SEZ Units/ Developers

As part of ‘Ease of Doing Business’ initiative of Department of Commerce (DOC), following transactions were identified by DOC as important applications made by SEZ units and Developers to Development Commissioner’s office and DOC for various Approvals/intimations/reporting. DOC had requested NDML to develop and deploy online sub...

Read More
Posted Under: Service Tax |

Cenvat credit allowable on Capital Goods acquired on lease basis from a Company which is not a financing Company

Wimplast Limited Vs. Commissioner of Central Excise & ST

In the instant case, the First Appellate Authority denied the Cenvat credit on Capital Goods on only ground that Wimplast Limited (the Appellant) had purchased the Capital Goods on hire purchase or loan agreement form a Company which was not a financial Company as prescribed under Rule 4(3) of the Cenvat Credit Rules, 2004 (the Credit Rul...

Read More
Posted Under: Service Tax |

Interest on delayed refund claim U/s. 11BB also applicable on refund of accumulated Cenvat credit

Sterlite Industries Limited Vs. Commissioner of Central Excise & ST

Sterlite Industries Limited (the Appellant) filed a refund claim of Rs. 7,11,45,917/- on September 27, 2004 for accumulated credit under the provisions of Rule 5 of the Cenvat Credit Rules, 2004 (the Credit Rules) but...

Read More
Posted Under: Service Tax |

Pre-audit on artificially splitting up of Rebate claims

The Central Board of Excise and Customs (Board”) issued an Instruction F. No. 206/05/2014-CX.6 dated November 3, 2014 in respect of pre-audit on artificially splitting up of Rebate claims. On coming across to the fact that assesseesare avoiding the per-audit of Rebate claims by artificially splitting up Rebate claims so as to keep each ...

Read More
Posted Under: Service Tax |

Reversal of Cenvat credit amount to non-availment of Cenvat credit -Assessee allowed to avail Abatement benefits

Central Warehousing Corporation Vs. Commissioner of Service Tax

In the instant case, Central Warehousing Corporation (the Appellant) was rendering both taxable as well as exempted services. The Appellant was availing Cenvat credit of the common input services and not maintaining separate records in respect of such input services consumed...

Read More
Posted Under: Service Tax |

Insertion of new entries in Schedule of Company Law Board (Fees on Applications and Petitions) Rules, 1991

The Ministry of Corporate Affairs vides Notification No. F. No. 1/19/2014-CL-V dated November 3, 2014 has amended the Company Law Board (Fees on Applications and Petitions) Rules, 1991 (the Rules) which shall come into force on the date of their publication in Official Gazette....

Read More
Posted Under: Service Tax |

Extended period of limitation for periodical returns submitted & accepted by audit team but disputed later

Urja Engineers Limited Vs. Commissioner of Central Excise & ST., Vadodara

Urja Engineers Limited (the Appellant) availed the ineligible Cenvat credit and the same was duly reflected in the periodicalreturns filed with the Department. The unit of the Appellant was audited by both the Internal Department’s Audit Team as well as CERA but no objection was raised by them....

Read More
Posted Under: Service Tax |

Search Posts by Date

November 2020
M T W T F S S
 1
2345678
9101112131415
16171819202122
23242526272829
30