"01 May 2015" Archive

MCA amends Company incorporation related forms, Procedure, MOA etc.

Notification No. G.S.R. 349(E) (01/05/2015)

The Registrar within whose jurisdiction the registered office of the company is proposed to be situated shall process INC-29 including application for allotment of Director Identification Number....

Read More

Unless substantiated that freight charges was reimbursed, the freight is part of turnover & Sales tax is leviable on freight charges

Indian Oil Corporation Ltd. Vs. Asst. Commissioner Of Commercial Tax Special Circle, Rajasthan, Jaipur [2015-TIOL-900-HC-RAJ-CT]

Indian Oil Corporation Ltd. (the Petitioner) is a Public Sector Undertaking of the Union of India. During the Assessment Year 1999-2000, 2006-07, 2007-08, 2008-09 and 2009-10 (Impugned period), the Petitioner has sold diesel to the Railways....

Read More
Posted Under: Company Law |

Exemption from CVD cannot be denied on not fulfilling the condition that Cenvat Credit not taken, when the Credit itself was not admissible

SRF Ltd. Vs. Commissioner Of Customs, Chennai [2015-TIOL-74-SC-CUS]

SRF Ltd. (the Appellant) imported Nylon Filament Yarn of 210 deniers falling under Chapter 54 of the Customs Tariff Act, 1975 and claimed nil rate of additional duty of Customs/ Countervailing Duty (CVD” by virtue of Serial No. 122 of Notification No. 6/2002-CE dated March 1, 2002 (the Notification). ...

Read More
Posted Under: Company Law |

Refund amount must be shown as receivable to satisfy Bar of Unjust Enrichment

The Hon’ble Supreme Court held that the Barge charges were not includible in the assessable value of imported goods and the amount collected by Revenue as Barge charges needs to be refunded along with interest....

Read More
Posted Under: Company Law |

Sales tax collected but not paid to State Govt on account of incentive scheme will form part of transaction value of excisable goods after 01.07.2000

Commissioner of Central Excise, Jaipur Vs. Shree Rajasthan Syntex Ltd. & Others [2015 (4) TMI 350 - SUPREME COURT]

The Hon’ble Supreme Court relying on the decision in case of Commissioner of Central Excise, Jaipur II Vs. Super Syncotex (India Ltd.)[2014 301 ELT 273 (S.C.)], held that after July 1, 2000, Sales tax portion collected but not paid to State Government on account of incentive scheme will form part of the transaction value of excisable go...

Read More

Coating an uncoated paper & writing paper not amounts to manufacture, as no distinct article with different character or use emerges

Commissioner of Central Excise, Jaipur Vs. Pitamber Coated Paper Ltd. [2015 (4) TMI 567 - SUPREME COURT]

On coating uncoated paper, an article with different name commercially may have emerged but it is not a distinct article with different character or use and therefore no manufacturing process was involved when uncoated printing and writing paper is coated....

Read More
Posted Under: Company Law |

No Penalty on wrongful availment of Cenvat Credit in absence of intention to evade duty

Commissioner of Central Excise, Bangalore Vs. Flextronics Technologies (India) (P.) Ltd. [(2015) 56 taxmann.com 26 (Karnataka)]

Issue involved in the instant case was, whether penalty under Rule 15(2) of the Credit Rules/ Rule 13 of the Credit Rules, 2002 and Section 11AC of the Excise Act is leviable, when the Department denied the irregular Cenvat credit taken by Flextronics Technologies (India) (P.) Ltd. ('the Respondent' or “'the Assessee') after audit was c...

Read More
Posted Under: Company Law |

Service Provider & Receiver must act in harmony for filling Refund claim of Service tax paid on non-taxable Service

Srinivasa Enterprises Vs. Office of the Joint Commissioner of Commercial Taxes, Bangalore [2015] 56 taxmann.com 143 (Karnataka)

Facts of the case are that, Srinivasa Enterprises ('the Petitioner' or 'the Assessee') rented out its property to State VAT Department and collected Service tax thereon and paid same to Service Tax Department. Later on, the Assessee and State VAT Department came to know that renting of immovable property to State Government (VAT Departmen...

Read More
Posted Under: Company Law |

No Mandatory Pre-deposit for filing Appeal before CESTAT for any case instituted prior to August 6, 2014

Muthoot Finance Ltd. Vs. Union of India And Others [2015 (3) TMI 634 - KERALA HIGH COURT]

No Mandatory Pre-deposit for pursuing the Appellate remedy before the CESTAT as right of appeal for any case instituted prior to August 6, 2014 and such case is governed by the law prevailing at the date of institution of the suit or proceeding...

Read More
Posted Under: Company Law |

No Recovery of Service tax under Section 87 of the Finance Act without issuance of SCN under Section 73 thereof

Exman Security Services Pvt. Ltd. Vs. The Union of India and Others [2015 (4) TMI 396 - JHARKHAND HIGH COURT]

A raid under Section 82 of the Finance Act was carried out in the premises of the Exman Security Services Pvt. Ltd. (the Petitioner) on March 25, 2014. Statement under Section 14 of the Excise Act was recorded of the Managing Director of the Petitioner wherein it was submitted that Service tax liability of the Petitioner exist but amount ...

Read More
Posted Under: Company Law |