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Madras High Court

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

August 30, 2015 6631 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.

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

August 30, 2015 559 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.

CENVAT credit on capital goods used in the construction/erection of plant is allowed

August 29, 2015 2327 Views 0 comment Print

In the case of M/s.Thiru Arooran Sugars Vs. The Custom, Excise and Service Tax Appellate Tribunal, Hon’ble Madras High Court held that CENVAT credit on capital goods used in the erection of various capital goods, viz., M.S.Plates, M.S.Angles, M.S.Channels and H.R. Plates, which were purchased

CENVAT credit of outdoor catering & outward transportation upto place of removal allowed

August 29, 2015 1967 Views 0 comment Print

In the case of Commissioner of Central Excise & Service Tax Vs. M/s. Thiru Arooran Sugars Ltd., Hon’ble Madras High Court held that the CENVAT credit of the service tax paid in respect of cell phone services, catering services

Interest payable if drawback not paid within one month from the date of filing a claim – HC

August 27, 2015 9991 Views 0 comment Print

In the case of M/s.Karur K.C.P.Packagings Limited vs. The Commissioner of Customs, it was held by Madras High Court that that where any drawback payable to the claimant is not paid within a period of one month from the date of filing a claim for payment

Section 48 applies only when expenses are ‘wholly and exclusively” for property

August 27, 2015 6661 Views 0 comment Print

Hon’ble High Court while interprating section 48 held that while calculating Capital gain the expenses made will only be considered if it is made wholly or exclusive for that property. Also, the Hon’ble High Court held that The Hon’ble Tribunal was right in taking into consideration of the Judgement of Jurisdictional High Court.

Services of non-resident agent facilitating fulfillment of export obligations are not in nature of technical services

August 26, 2015 456 Views 0 comment Print

The Hon’ble Madras High Court in the case of CIT vs. M/s Orient Express held that services of non-resident agent facilitating the completion of export obligations cannot be termed as technical services provided in India because such services are not provided for the purposes of running of the business of the assessee in India.

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