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Archive: March, 2021

Posts in March, 2021

RCM on Ocean freight- Part 2- FOB contracts of Import

March 22, 2021 10839 Views 0 comment Print

This part 2 will deal with FOB contracts of import, in which Freight component is separate and identifiable, as it is not included in the value of goods. The Importer pays the freight to the Shipping Line either directly or through his appointed CHA (Clearing House Agent), which is subject to RCM u/s 5(3) of the IGST Act, 2017.

‘C’ Forms cannot be rejected for Mismatch without providing the Opportunity

March 22, 2021 1674 Views 0 comment Print

Prayas Automation Pvt. Ltd. Vs State of Tripura (Tripura High Court) From the reply filed by the State authorities, it emerges that such ‘C’ Forms were not issued on account of anomaly in the valuations. As a State authority respondent No. 4 ought to have conveyed this reason to the petitioner who could have either […]

Unclaimed Dividends Recovery of Bajaj Finance Ltd. from IEPF

March 22, 2021 3477 Views 0 comment Print

What if we tell you that there is a company that has given almost 100000% return on investment in its shares within a time span of just 11 years. Would you believe us? No matter how unbelievable it sounds but this is true. This incredible milestone has been achieved by Bajaj Finance Ltd who has […]

HC analyses service tax on activities of municipalities

March 22, 2021 6087 Views 0 comment Print

Cuddalore Municipality Vs Joint Commissioner of GST & Central Excise (Madras High Court) Only Support services provided by the government or local authorities that have been excluded from the negative list entry are in the negative list. Otherwise, all service of government and local authorities are not taxable. Support services was defined in Section 65B […]

Sales Tax on Lease rental against goods supplied in the course of Import by NBFC

March 22, 2021 1653 Views 0 comment Print

Russell Credit Ltd. Vs. Commercial Tax Officer (Madras High Court) The respondent bank entered into an agreement with Hindustan Power Plant Limited, Hosur, for importing and leasing of machinery on rental basis. The master lease agreement was entered into on April 17, 1998. There afterwards, the respondent bank ordered for machinery as per the specification […]

Tripura HC allows benefit of excise duty exemption notification even when final product was exempt from basic duties

March 22, 2021 1020 Views 0 comment Print

Union of India Vs S Dharampal Satyapal Ltd. (Tripura High Court) Whether the Customs, Excise and Service Tax Appellate Tribunal was right in law in interpreting provisions of Rule 6(1) and 6(4) of the Cenvat Credit Rules, 2004 and thereby giving benefit of exemption notifications in favour of the respondent-assessee, ignoring the contention of the […]

Clarification on valuation of bonds issued under Basel III framework

March 22, 2021 1002 Views 0 comment Print

Based on the representation of the Mutual Fund Industry to consider a glide path for implementation of the policy and request of other stakeholders, it has been decided that the deemed residual maturity for the purpose of valuation of existing as well as new bonds issued under Basel III framework shall be as below:

Duty paid under protest- Rejection of refund for time-bar is unsustainable

March 22, 2021 3528 Views 0 comment Print

AGFA Healthcare Pvt. Ltd Vs Commissioner of Customs (CESTAT Chennai) On perusal of the documents, it is seen that there is no dispute that the appellant has paid excess duty of Rs.29,57,931/- after reassessment of the bills of entry by extending the benefit of Notification No. 12/2012-CE. The refund has been rejected on the ground […]

Staff shortage due to merger is sufficient cause for Delay in Filing Appeal

March 22, 2021 1101 Views 0 comment Print

The assessee herein is one of the branches of M/ State Bank of Travancore, which has since been merged with M/s State Bank of India. It is stated that there was shortage of staff and domain expertise in taxation. On examination of reasons furnished by the assessee in a liberal manner, in our view, the reasons given by assessee for delay in filing appeal before Ld. CIT(A) shall constitute sufficient cause

If a Rule is not attracted, than the proviso thereunder does not attracted

March 22, 2021 708 Views 0 comment Print

Vishnu Fragrance Pvt.Ltd Vs Commissioner of Central Goods & Service Tax, Central Excise and Customs (CESTAT Delhi) Rule 10 of Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010, provides for abatement in case of non production of goods (in case of factory did not produce the notified goods […]

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