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Judiciary

Service tax cannot be levied on Job work that amounts to manufacture – CESTAT

August 30, 2015 3311 Views 0 comment Print

The appellants manufacture excisable goods falling under Chapter 29 of Central Excise Tariff Act, 1985. On scrutiny of the records, departmental officers noticed that during the period 10/09/2004 to 28/02/2005 appellant had received some amount towards job-work charges and processing charges.

Donor’s Identity, Relationship & Occasion of Gift are essential to prove genuineness of Gift

August 30, 2015 1140 Views 0 comment Print

A sum of Rs.7 lakhs, shown to have been received as gift from Shri Jamaluddin Sheik Fareed, was treated as unexplained cash credit in the hands of the assessee on the ground that the assessee has not furnished confirmation letter from the party.

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

August 30, 2015 691 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 573 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 4478 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 1057 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 2585 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

‘Close up’ should be classified as dental cleaner, not toothpaste–SC

August 29, 2015 2778 Views 0 comment Print

In the case of Commissioner Of Central Excise, Vapi Vs. M/s. Global Health Care Products , the Supreme Court held that ‘Close up’ should be classified as dental cleaner, not toothpaste on account of different

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

August 29, 2015 2231 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

Endorsement on bill of entry amount to raising demand under customs law and not mere a provisional assessment

August 29, 2015 2916 Views 0 comment Print

The Hon’ble Supreme Court in the case of M/s Swastika Enterprise held that the endorsement on the bill of entry to pay additional customs duty is a demand and not mere a provisional assessment. Thus, the duty payable due to such endorsement can be settled as settlement of demand under indirect taxes demand settlement scheme.

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