"21 August 2018" Archive

Input credit eligible on welding electrodes used in repair and maintenance of factory machinery

The Ramco Cements Limited Vs CCT (CESTAT Hyderabad)

The Ramco Cements Limited Vs CCT (CESTAT Hyderabad) It is not in dispute that the welding electrodes are used for repair and maintenance of capital goods within the factory of manufacturer and these capital goods are used for manufacture of the final product although the relationship is remote and not direct. So by no stretch of imagin...

Read More

Tribunal cannot Question validity of Act, Rules, Regulations & Notifications

CC, Hyderabad- Customs Vs Surya Telecom Pvt Ltd (CESTAT Hyderabad)

CC, Hyderabad- Customs Vs Surya Telecom Pvt Ltd (CESTAT Hyderabad) As a creation of law, the Tribunal cannot go beyond the law itself. The validity of the Act, Rules, Regulations and Notifications cannot be questioned or modified by the Tribunal. Only the High Courts and Supreme Court which examine the constitutionality of the laws can...

Read More

Penalty & confiscation of Gun merely for import by a non-renowned shooter is irregular

Nishant Sanjay Ghogare Vs Commissioner of Customs (CESTAT Mumbai)

Confiscation of freely importable air gun of 0.177 by shooter on the ground that he was not a renowned shooter is irregular as the same is not in conformity with rules prescribed for such imports....

Read More

Service Tax under GTA: Debit Note can’t be treated as Consignment Note

M/s Rathi Tiles Pvt. Limited Vs CCE (CESTAT Delhi)

M/s Rathi Tiles Pvt. Limited Vs CCE (CESTAT Delhi)  The question which has been decided by the lower authorities is whether the appellant is liable to pay service tax by considering such debit notes as consignment notes. I have perused the various case laws cited by both The issue which stands settled in the various […]...

Read More

Cenvat Credit eligible on ST paid on product liability insurance / Director Sitting Fees

M/s. Rane Brake Lining Ltd. Vs Commissioner of GST & Central Excise Puducherry (CESTAT Chennai)

M/s. Rane Brake Lining Ltd. Vs Commissioner of GST & Central Excise Puducherry (CESTAT Chennai) The first issue that arises for consideration is whether the appellant is eligible for credit of the service tax (ST) paid on product liability insurance. The department has denied the same on the ground that it is post-manufacturing activi...

Read More

Companies (Appointment and Qualification of Directors) Fifth Amendment Rules, 2018

F.No. 01/22/2013 CL-V (Pt-III) (21/08/2018)

MCA has notified new format of Form No. DIR-3 KYC and extended due date of filing DIR-3 KYC from 31st August, 2018 to 15th September, 2018 vide Companies (Appointment and Qualification of Directors) Fifth Amendment Rules, 2018....

Read More

GSTR 3B July 2018 date extended to 24th Aug, 2018

Notification No. 35/2018-Central Tax [G.S.R. 792(E)] (21/08/2018)

Extension of Last Date for filing GSTR-3B for July, 2018 extended till 24th August, 2018 for all class of taxpayers As per PIB also The last date for Filing of Return in FORM GSTR-3B for the month of July, 2018 has been extended till 24th August, 2018 for all class of taxpayers by the Competent […]...

Read More

Excise Duty cannot be levied on Payments based on post-sales performance

M/s. Sail Refractory Co. Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai)

M/s. Sail Refractory Co. Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) Bonus and penalty are post-sales provisions, therefore excise duty cannot be levied on such payments which are based on performance post-sales / clearance of the goods. Above issue is covered by the judgment in the case of Vishwakarma Refractories ...

Read More

Input Credit under GST- Explained with Examples

Input Tax Credit under GST is the most common word associated with the present day taxation regime. Input Tax Credit incorporated in the GST mechanism in order to minimize the cascading effect (tax on tax). In an ideal tax mechanism, taxes never become a part of the cost of a product, until it reaches the ultimate final consumer....

Read More
Posted Under: Excise Duty |

GST on Free IPL Tickets: HC dismisses PIL filed on the basis of News Reports

Digvijay Singh Bhandari Vs. Shri Nishant Warwade & Others (Madhya Pradesh HC)

Digvijay Singh Bhandari Vs. Shri Nishant Warwade & Others (Madhya Pradesh HC) The entire petition is based on the newspaper published in the local newspaper about distribution of free IPL match passes worth of Rs.60.00 lac to Collector. No other material has been produced in the present petition in support of the allegations. HC held ...

Read More