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Supreme Court of India

Eligibility criteria in an exemption notification required to be construed strictly- SC

July 28, 2015 687 Views 0 comment Print

The appellant entered into a Joint Venture Agreement with M/s Shapoorji Pallonji & Company Limited for the purpose of construction of roads in the State of Andhra Pradesh. The Joint Venture was awarded a contract

Value of post-import services can be added to assessable value under customs only when such service is a condition of sale – SC

July 28, 2015 663 Views 0 comment Print

An agreement was entered into between the respondent and Met Chem Canada Inc. to associate Met Chem Canada Inc. as a technical consultant to render technical services in relation to implementation of a project to set up a plant in India for production of Hot Rolled Steel Coils and Strips.

Mere Value addition to Inputs does not amount to Manufacture – SC

July 19, 2015 2024 Views 0 comment Print

In the case of M/s. Maruti Suzuki India Ltd. vs. Commissioner of Central Excise, it was held by SC that a process that is only adding some value to the inputs does not necessarily amounts to manufacture. After processing of the inputs, a new and different article emerges having a distinct name, character or

Refund can be claimed by person other than Manufacturer in certain conditions – SC

July 19, 2015 1024 Views 0 comment Print

In the case of M/s. Oswal Chemicals & Fertilizers Ltd. Vs Commissioner of Central Excise, Bolpur, it was held that a person who is ultimately aggrieved with the payment of the duty and challenges the order successfully can seek the refund as per Rule 11B of the act.

Supervising & Liasioning in relation to loading goods cannot be classified as C & F Agents services

July 17, 2015 2031 Views 0 comment Print

The appellant does not even undertake any loading operation. The primary job of the appellant, as per the contract between the appellant and the Ambuja companies, is of supervising and liasioning with the coal company

SSI Exemption available to job worker on goods manufactured under Brand name of Principal manufacturer – SC

July 13, 2015 2246 Views 0 comment Print

In the case of M/s. Vir Rubber Products P. Ltd. Vs. Commissioner of Central Excise Hon’ble SC held that for claiming SSI exemption under Central Excise law, the value of clearances made on account of job work under the brand name of principal manufacturer should not be included

Doctrine of Unjust Enrichment applicable on capital goods captively consumed – SC

July 12, 2015 2438 Views 0 comment Print

In attracting the principle of unjust enrichment it is not only the actual burden which is passed on to the another person that would be taken into consideration even if the incident of such duty had not been passed on by him to any other person

In case of confiscated goods assessee liable to pay duty only if he exercise option to redeem – SC

July 8, 2015 2448 Views 0 comment Print

The Hon’ble Supreme Court further states Section 124 deals with confiscation of goods and penalty and does not deal with payment of import duty. No doubt, such a payment of import duty becomes payable by virtue of sub-section (2) of Section 125 but only when condition stipulated in the said provision is fulfilled

Payment made by ONGC to foreign countries for rendering of services is assessable U/s. 44BB and not U/s. 44D

July 5, 2015 2011 Views 0 comment Print

Whether the amounts paid by the ONGC to the non-resident assessees /foreign companies for providing various services in connection with prospecting, extraction or production of mineral oil is chargeable to tax as fees for technical services under Section 44D read with Explanation 2 to Section 9(1)(vii) of the Income Tax Act

Central Govt. agencies in agreement with foreign companies are not entitled to exemption of surtax

July 5, 2015 975 Views 0 comment Print

Whether certain govt. agencies (ONGC) in agreement with foreign companies would entitle for the exemption of surtax under notification no. GSR 307 (E) dated 3.1983.

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