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Cenvat Credit not available on Tyres used in material handling equipments

February 26, 2018 1590 Views 0 comment Print

Vehicles are not meant to be used for movement of materials in the mines. Consequently, we are of the view that such goods cannot be covered under capital goods since they are in the nature of motor vehicle other than dumper and dipper. Consequently, tyres of such vehicle can also not be allowed for availing cenvat credit.

TDS was not applicable on Hiring of Vehicles prior to Amendment in Sec 194-I

February 26, 2018 2988 Views 0 comment Print

CIT Vs. M/s. Pioneer Personalized Holidays Pvt. Ltd (Kerala High Court) Section 194C of the Act speaks of any payment made to any resident, referred to as a contractor, for carrying out any work including supply of labour, in pursuance of a contract between the contractor and a specified person. Here, the contract if at all, […]

Conflict of judicial opinion does not entitle Dept to seek reference to Special Bench

February 26, 2018 2124 Views 1 comment Print

Reference to Special Bench would continue to be moved by the parties upon every subsequent non-jurisdictional High Court decision, thus, leading to a number of cases being referred to constitute Special Bench. However, correct decision is to follow the judicial hierarchy and maintain judicial discipline.

Formulate rational policy for processing IT Returns sent to AO: HC

February 26, 2018 1497 Views 0 comment Print

Yet again, Section 143(1D) of the Income Tax Act came under the scrutiny of a Constitutional Court. This time, it was the High Court of Bombay, which held categorically while considering many writ petitions in Tata Projects Limited vs. Deputy Commissioner of Income Tax Range 2(3)(2) & Ors., that Section 143(1D) of the Income Tax Act

Without marketability Excise duty not leviable on Semi- Finished Granules, Extracts and Oils

February 26, 2018 834 Views 0 comment Print

i. In these factories, the raw materials, which are various parts of herbs like barks, flowers, fruits roots, leaves etc. are converted into granules, extracts and oils which are in a semi-finished stage. The grievance of the Department is that, the goods prepared in Delhi factory are marketable, so the excise duty was demanded.

TDS on hired vehicles u/s 194I or under 194C ?

February 26, 2018 192831 Views 2 comments Print

Hiring of vehicles does not fall within the ambit of Section 194C of the Act. From 01.06.2007 definitely deduction would have to be made at source even for hiring of vehicles as Section 194-I of the Act stands amended to bring in such transactions also.

Exemption U/s. 54B for investment / document Registration in spouse name allowable

February 26, 2018 17787 Views 0 comment Print

In all these appeals common question of law and facts are involved hence they are decided by this common judgment.

Proportionate release of Bank Guarantee in case of mega power projects

February 26, 2018 4041 Views 0 comment Print

Certain specified goods such as machinery, apparatus, instruments, cables, components or raw material supplied to specified mega power projects, including the projects with provisional mega power status, were exempted from central excise duty vide entry No. 338 under notification No. 12/2012-Central Excise, dated the 17th March, 2012 (as amended).

Risk Management and Inter-bank Dealings: Revised guidelines

February 26, 2018 933 Views 0 comment Print

Risk Management and Inter-bank Dealings: Revised guidelines relating to participation of a person resident in India and Foreign Portfolio Investor (FPI) in the Exchange Traded Currency Derivatives (ETCD) Market

Notification No. 16/2018-Customs (N.T.), Dated: 26.02.2018

February 26, 2018 1968 Views 0 comment Print

Notification No. 16/2018-Customs (N.T.) In exercise of the powers conferred by sub-section (1) of section 4 and sub-section (1) of section 5 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby appoints officer mentioned in column 5 of the Table below to exercise the powers and discharge duties conferred or imposed on officer mentioned in column (4) of the Table in respect of Show Cause Notice mentioned in column (3) of the table, for the purpose of adjudication of the Show Cause Notice:-

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