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Archive: 08 June 2018

Posts in 08 June 2018

Place of Removal under Excise Act and CENVAT Credit Rules

June 8, 2018 8385 Views 0 comment Print

As regards determination of ‘place of removal’, in general the principle laid by Hon’ble Supreme Court in the case of CCE vs Ispat Industries Ltd 2015(324) ELT670 (SC) may be applied. Apex Court, in this case has upheld the principle laid down in M/s Escorts JCB (Supra) to the extent that ‘place of removal’ is required to be determined with reference to ‘point of sale’ with the condition that place of removal (premises) is to be referred with reference to the premises of the manufacturer.

Notification under Section 7 notifying Surat airport as Customs airport

June 8, 2018 1377 Views 0 comment Print

Notification No. 51/2018-Customs (N.T.) Dated- 8th June, 2018- under Section 7 of the Customs Act, 1962 notifying Surat airport as Customs airport for Unloading of baggage and the loading of baggage

Apportionment of expense on R&D and ESOP having no nexus with products manufactured in exempted units not justified

June 8, 2018 1572 Views 0 comment Print

Dr. Reddy’s Laboratories Limited Vs DCIT (ITAT Hyderabad) The case of the assessee, all through, was that R & D expenditure was incurred by the assessee in a separate unit known as ‘IPDO’, which is meant for carrying on R & D. It is also not in dispute that formulations / products arising out of […]

Electro Ink supplied along with consumables is a mixed supply

June 8, 2018 1950 Views 0 comment Print

In re HP India Sales Private Limited (GST AAR Maharashtra) Question :-1. Classification of Electro Ink supplied along with consumables under GST Answer:- The supply of Electro Ink supplied along with consumable is a mixed supply as defined u/s section 2 (74) of the GST Act and is also a continuous supply of goods as […]

Registrars to An Issue And Share Transfer Agents (Second Amendment) Regulations, 2018

June 8, 2018 1251 Views 0 comment Print

1. These regulations may be called the Securities and Exchange Board of India (Registrars to an Issue and Share Transfer Agents) (Second Amendment) Regulations, 2018.

No Service Tax on training and coaching in various foreign languages

June 8, 2018 3798 Views 0 comment Print

Commissioner of Central Excise Vs Consistent Software Technologies (I) Pvt. Ltd. (CESTAT Mumbai) In the present case the respondent is engaged in imparting the training and coaching in various foreign languages i.e. French, German, Japanese, Spanish etc. which they claimed as a vocational training and covered under Notification No.9/2003-ST and 24/2004-ST. The very identical issue […]

ITC not eligible on vehicles purchased to use as mobile cotton labs

June 8, 2018 1887 Views 1 comment Print

In re Indian Cotton Solutions.Com Private Limited (GST AAR Andhra Pradesh) Whether they can utilize /refund the ITC which is readily available in GST Portal, for the vehicles purchased by them for the purpose of their core business activity? It is submitted that the firm purchased five vehicles to use as mobile cotton labs, for […]

Shifting of DGIT (Vigilance) to new premise

June 8, 2018 5007 Views 0 comment Print

It is to inform that the Directorate General of Income Tax (Vigilance) is shifting to new premise at 2′ Floor, JLN Stadium, New Delhi. All telephone lines etc. have also been disconnected.

GST on sale of tobacco leaves received from farmers made by Commission Agent

June 8, 2018 4662 Views 0 comment Print

In re Jayalakshmi Tobacco Company (GST AAR Andhra Pradesh) Q1. Will GST be applicable on sale of tobacco leaves received from farmers made by Commission Agent in an auction and his turnover is less than Rs.20 Lakh? As per entry No:24 Notification No: 11/2017- Central Tax(Rate) dated : 28.06.2017, Commission agent dealing with agricultural produce […]

Penalty under excise Rules cannot be imposed merely for mere non-filing of separate appeal by Managing Partner

June 8, 2018 1665 Views 0 comment Print

M/s. Rajhans Enterprises Vs Commissioner of Central Tax (CESTAT Bangalore) Commissioner (A) has allowed the appeal of the firm and set aside the duty demand and the penalty; however, penalty under Rule 26 of the Central Excise Rules, 2002 imposed on the Managing Partner of the appellant-firm was upheld on the ground that no separate […]

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