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Judiciary

CIT can initiate suo moto proceedings U/s. 263 where AO takes a wrong decision

March 15, 2018 1533 Views 0 comment Print

Cochin International Airport Ltd appeal: The Commissioner is empowered to initiate suo moto proceedings under section 263 where the AO takes a wrong decision

Assessment should not be completed without communicating Petitioner on Adjournment Request

March 14, 2018 1146 Views 0 comment Print

In the absence of any communication on the request made by the petitioner, according to me, the assessing authority should not have completed the assessments, without a further notice to the petitioner.

Excise not leviable on scrap not emerging due to a process of manufacture

March 14, 2018 2766 Views 0 comment Print

Various goods on which the Revenue seeks to collect Excise duty are all, admittedly, products incidentally arising during the manufacture of finished goods on which in any case, the appellant is discharging duty. These scrap material are not emerging due to a process of manufacture. Hence, they do not qualify to be taxed for excise levy.

Service Tax cannot be levied on chit transactions between 2012 and 2015

March 14, 2018 4191 Views 0 comment Print

The issue raised in all these Appeals/Writ Petitions are with respect to the liability of chit transactions, to service tax as arising from the Finance Act, 1994. The issue arises during three periods, in so far as the amendments made to the Finance Act, 1994

28% GST payable on Disc Brake Pads & Brakes Shoes used in automobiles: AAR

March 14, 2018 4650 Views 0 comment Print

In Re. M/s Indo German Brakes Private Limited (AAR Uttarakhand) In the present case Disc Brake Pads and Shoes are nowhere referred to as the friction material and articles thereof and are known as parts of motor vehicle. Further, Disc Brake Pads and shoes also qualify the test to the effect that they are suitable […]

GST on three wheeled powered cycle Rickshaw, E-Rickshaw and Tyres

March 14, 2018 24564 Views 0 comment Print

In re M/s Kanam Industies (AAR Uttarakhand) (a) What is the interpretation of the term three wheeled powered cycle Rickshaw as provided under Sl. No. 190 of the Schedule I to Tariff Notification. Held- Three wheeled Powered Cycle Rickshaw  would not cover an Auto Rickshaw and would only cover an ordinary Cycle Rickshaw to which […]

SC extends last date for linking of Aadhaar in bank A/c, PAN & SIM cards

March 14, 2018 28407 Views 2 comments Print

The Supreme Court on 13th March 2018 has extended the last date for linking of Aadhaar in bank accounts, PAN cards, SIM cards, etc from 31st march 2018 till the date of the final judgement. As per the Supreme Court’s order dated 13th March 2018, the requirement of Aadhaar for opening new bank accounts and applying for Tatkal passports under the relevant laws continues.

Foreign law firms/ lawyers cannot practice in India; SC answer 5 Questions

March 14, 2018 13422 Views 2 comments Print

(i) Whether the expression ‘practise the profession of law’ includes only litigation practice or non-litigation practice also; (ii) Whether such practice by foreign law firms or foreign lawyers is permissible without fulfilling the requirements of Advocates Act and the Bar Council of India Rules;

Order U/s. 201(1) cannot be passed after expiry of limitation period

March 13, 2018 12444 Views 0 comment Print

Vodafone Cellular recent appeal: No order under section 201(1) of the Act shall be passed after expiry of the limitation period treating assessee-in-default for non-deduction of tax at source

Exemption Can’t be denied for Mere Technical Mistake: Rajasthan High court

March 13, 2018 1896 Views 0 comment Print

In our considered opinion, the production is the same, manufacturing and the process is the same and excise duty is liable on the manufacturing, merely because in the certificate there is no mention of MS Special, the taxing statute will not be different. In view thereof, the view taken by the Tribunal is just and proper and no interference is required.

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