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Issuance of Show cause notice mandatory for recovery of erroneous refund granted

August 30, 2015 6637 Views 0 comment Print

The assessee is engaged in the manufacture of automobile parts and components. The assessee cleared waste and scrap and replacement of defective products without payment of duty. The period in question pertains to September, 1998.

CENVAT credit of inputs lost during manufacturing process as floor sweepings is allowed- CESTAT

August 30, 2015 1642 Views 0 comment Print

The facts of the case are that assessee is a manufacturer of chocolates and coco products. During the course of the manufacturing final product certain floor spillage and sweeping arises which assessee is destroying.

Service tax cannot be levied on Job work that amounts to manufacture – CESTAT

August 30, 2015 3101 Views 0 comment Print

The appellants manufacture excisable goods falling under Chapter 29 of Central Excise Tariff Act, 1985. On scrutiny of the records, departmental officers noticed that during the period 10/09/2004 to 28/02/2005 appellant had received some amount towards job-work charges and processing charges.

A Much Awaited Indirect Tax Regime Called GST

August 30, 2015 1889 Views 1 comment Print

There was continuous emphasis on bringing Goods & Services Tax (GST) that is already running in more than 140 countries. This is an indirect tax and seeks to end the multiple effects of taxes and incorporates indirect taxes like entertainment tax, CST, excise, service tax, VAT, luxury tax, octroi etc.

Donor’s Identity, Relationship & Occasion of Gift are essential to prove genuineness of Gift

August 30, 2015 855 Views 0 comment Print

A sum of Rs.7 lakhs, shown to have been received as gift from Shri Jamaluddin Sheik Fareed, was treated as unexplained cash credit in the hands of the assessee on the ground that the assessee has not furnished confirmation letter from the party.

8 Most Difficult Jobs in the World

August 30, 2015 1054 Views 0 comment Print

Each person makes a contribution to the society. Some get paid while some don’t. Such contribution can be through a profession, job, or business. Even leading a county’s governance is a job. Managing one’s home and any social service is not reckoned here as they are of special nature and invaluable as well.

Expenses related with improvement in operations of existing business product line is revenue expense

August 30, 2015 562 Views 0 comment Print

Madras High Court in the case of CIT Vs M/s Southern Petrochemicals Industries Corporation Ltd held that market research expense incurred to increase the efficiency of the existing business product line, the same should be treated as revenue expense.

Only operational income related with main business activity of assessee will qualify for deduction u/s 80HHC

August 30, 2015 360 Views 0 comment Print

Madras High Court held in CIT Vs Funskool (I) Ltd (Madras High Court) that for calculating the cost of the finished product the process of designing or stickering which had been used to design or give a final look to the finished product

MAT credit should be adjusted in priority to other credit of taxes like TDS, advance tax or other taxes

August 30, 2015 3980 Views 0 comment Print

Madras High Court in the case of CIT Vs M/s Ambattur Clothing Limited held that for calculating the assessed tax priority has to be given to adjust the MAT credit then TDS and advance tax would be adjusted by relying on the decision of Supreme Court

Erroneous payment of duty on exempted goods would not render the goods dutiable

August 29, 2015 856 Views 0 comment Print

The assessee Integral Coach Factory (ICF) belonging to the Central Government is engaged in the business of manufacturing passenger coaches both self-propelled and non-propelled, steel freight containers and parts of passenger coaches for railways under Chapter 86 of CET 1985.

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