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Judiciary

STPI Certificate not required to claim Refund under Business Auxiliary Services

February 5, 2018 1926 Views 0 comment Print

These two appeals have been filed by the appellant against the common impugned order dated 2.8.2017 passed by the Commissioner (A) whereby the Commissioner (A) has disposed of four Orders-in-Original.

Construction in pursuance of composite works contracts not liable to be taxed prior to 01.06.2007

February 5, 2018 2172 Views 1 comment Print

The appeal by the Revenue is against order dated 27.04.2012 of Commissioner of Service Tax, New Delhi. By the said order, he original authority dropped the entire demand of Service Tax of Rs.93,01,154/-covering the period 2006-07 to 2008-09 with reference to construction project of Delhi Haat in INA and Pitampura .

Mere dismissal of SLP without giving any reasons, cannot be equated with exposition of law

February 5, 2018 2487 Views 0 comment Print

These two appeals filed by the assessee relate to the assessment years 2012-13 & 2013-14. Since common issue is raised in both the appeals, we are, therefore, proceeding to dispose them off by this consolidated order for the sake of convenience.

Filing of cross-objection after 4 years is not proper after acceptance of dis allowance

February 5, 2018 816 Views 0 comment Print

Belated cross-objections– by over four years, in the opinion of the Court, meant that the appellants were seeking to rake up stale issues for which they had accepted the finality as regards their tax liability.

Inability to pay Pre- Deposit can’t be ground to entertain a Writ Jurisdiction

February 5, 2018 1776 Views 1 comment Print

In the case of Sun mac Enterprises vs. The Commissioner of Central Excise, the Madras High Court held that inability to pay pre- deposit of 7.5 percent before the Commissioner (Appeals) cannot be a fit ground for invoking writ jurisdiction under Article 226 of the Constitution of India.

Electrically operated Drum with Bell and Zalar not eligible for GST Exemption: AAR

February 5, 2018 2364 Views 0 comment Print

In re M/s. Shree Vishwakarma Engineering Works (AAR Gujarat) (i) The product ‘Electrically operated Drum with Bell and Zalar’ manufactured and supplied by the applicant is classifiable under Heading 9208 of the First Schedule to the Customs Tariff Act, 1975. (ii) The product ‘Electrically operated Drum with Bell and Zalar’ of the applicant is not […]

Roof Ventilators are not Windmills; 18% GST Payable: AAR

February 5, 2018 4335 Views 0 comment Print

I. M/s. Sammarth Overseas & Credits Pvt. Ltd., Sanathnagar, Hyderabad, (GSTIN No. 36AAGCS9604PIZ0) has filed an application and sought advance ruling on the following issues under Section 97(1) of TGST Act, 2017 read with Rule 103 of CGST/TGST Rules, 2017.

28% GST payable on Ice Cream Making Machine (Tariff Heading 84.18)

February 5, 2018 4848 Views 1 comment Print

The applicant M/s. Mitora Machinex Pvt. Ltd. has submitted that they manufacture and supply the Ice Cream Making Machines’ in diverse specifications such as Automatic Ice Cream Making Machine, Countertop Ice Cream Making Machine, Soft Ice Cream Making Machine and Fully Automatic Ice Cream Making Machine..

Benefit of Composition Scheme can’t be denied for procedural deficiency

February 5, 2018 1182 Views 0 comment Print

While hearing the case of Bridge & Roof Company Limited vs. CCE, Delhi bench of the Customs Excise & Service Tax Appellate Tribunal held that the benefit of the composition scheme cannot be denied to an assessee who has entered into contracts prior to 1.07.2007.

Penalty cannot be imposed for mere disclosure of income due to search operation, instead of original return

February 2, 2018 1713 Views 0 comment Print

Pr. CIT Vs Shanti Lal Jain (Rajasthan High Court) It is an admitted position that for the purpose of getting immunity from the penalty imposed under Clause 2 of explanation 5 to section 271(1)(c) of the Income Tax Act, 1961, three conditions are required to be satisfied by the assessee. Firstly, if the assessee makes […]

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