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Pre-deposit has to be waived off if Assessee’s case is a good/ strong prima facie case covered by a binding precedent

February 25, 2015 2488 Views 0 comment Print

Shukla & Brothers (the Appellant) is a proprietorship firm registered under Service tax under the category of ‘Construction Work’. However, under some confusion and misguidance, the Appellant was issued registration under ST-2 in the category of ‘Civil Structure Construction Work’. The Appellant claimed that the services provided are of maintenance/ sanitation services provided at factory premises of clients, which does not fall within the Service tax net.

Contractee liable to deduct and Pay TDS on Works contract despite possible refund claim by contractor

February 25, 2015 6779 Views 0 comment Print

The fact that NECL could seek refund of the tax paid as per the State Government Order G.O.Ms. No. 609 dated May 29, 2006, issued in terms of Section 15(1) of the AP VAT Act, will not absolve KPCL of their statutory obligation to deduct TDS;

Time limit prescribed for filing refund U/s. 27 of Customs Act, 1962 cannot be made applicable to duty paid by mistake

February 25, 2015 3834 Views 0 comment Print

In the present case, a Thailand based Company, Italian Thai Development Public Company Limited and an Indian Public Company, ITD Cementation India Limited having its place of business in Salt Lake City, Kolkata decided to establish a Joint Venture Organisation – ITD-ITD CEM JV.

Government notifies Rules for new Indian Accounting Standards

February 24, 2015 1812 Views 0 comment Print

The Ministry of Corporate Affairs vide Notification dated February 16, 2015 has issued the Companies (Indian Accounting Standards) Rules, 2015, thereby notifying Roadmap for applicability of Indian Accounting Standards (Ind AS) for compliance by the class of companies specified in the said Rules. Following companies shall comply with the Ind AS for the accounting periods […]

Printing work is in the nature of Works contract and value of ink and processing material is exigible to Sales tax

February 17, 2015 5981 Views 2 comments Print

Vibha Publications Pvt. Ltd. (Appellant) was engaged in job work of printing material. In the printing process, the plates, chemicals and ink (Impugned Goods) were consumed. The Revenue contended that the value of Impugned Goods consumed in printing process is exigible to Sales tax.

DGFT Provision which is inconsistent with Foreign Trade Policy is liable to be set aside

February 17, 2015 546 Views 0 comment Print

BRG Iron & Steel Co. (P.) Ltd. (the Petitioner) is a two star export house status holder. The Additional DGFT vide letter dated May 31, 2013 informed that the Petitioner entitlement under the Advance Authorization dated May 9, 2012, was limited to a sum of Rs. 38,83,52,050/- instead of Rs. 77,03,73,810/-.

Filing of more than one Refund claim in a month cannot be denied when statutory time limit is elapsing

February 17, 2015 1051 Views 0 comment Print

Devki Nandan J Gupta (the Appellant) filed two SAD Refund claims of Rs. 21,92,938/- and Rs. 6,05,866/- on May 6, 2013 (Refund Claim 1) and May 24, 2013 (Refund Claim 2) respectively in terms of Notification No. 102/2007-Cus dated September 14, 2007 (the Notification).

Non refund of pre-deposit for long period without reason is harassment

February 17, 2015 493 Views 0 comment Print

The Hon’ble CESTAT, Mumbai held that for no reason, the Revenue has retained the pre-deposit amount of the Appellants for more than 2 years after passing of the Order. Further, the Revenue neither filed an appeal against the Order nor obtained any stay, therefore, it is clear case of harassment to the Appellants that the legitimate claim of the Appellants has not been granted.

Dismissal of appeal for non-compliance of pre-deposit condition

February 17, 2015 930 Views 0 comment Print

In the instant case, the Hon’ble CESTAT, Kolkata vide its Order dated April 30, 2013 directed the Ess Dee Aluminium Ltd. (the Appellant) to make pre-deposit of 25% of the Cenvat Credit involved in the case within a period of eight weeks and report compliance on July 15, 2013.

Once Rebate claim is cancelled, EOU entitled to take re-credit in Cenvat Credit Account

February 17, 2015 1018 Views 0 comment Print

In the instant case, Jubiliant Engineering (the Appellant) was 100% Export Oriented Units (EOU) engaged in manufacturing of valve assemblies falling under the Chapter 8481 of the Central Excise Tariff Act, 1985. Though the Appellant was not required to pay duty on the export goods

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