[aaykarbhavan] Fw: Pre-Print Highlights of GSTR from CLI, and ITR Tribunal,

www.cliofindia.com info@cliofindia.com

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ITR'S TRIBUNAL TAX REPORTS (ITR (Trib)) HIGHLIGHTS

OnLine Edition Vol. 1				Print Edition Vol. 25, Part 2, dated 22-7-2013
SUPREME COURT	HIGH COURTS	ENGLISH CASES	CLB	SUPREME COURT	HIGH COURTS	ENGLISH CASES	CLB
SAT	DRAT	STATUTES	JOURNAL	SAT	DRAT	STATUTES	JOURNAL
NEWS-BRIEFS	AAR	TAXATION TRIBUNAL	CESTAT	NEWS-BRIEFS	AAR	TAXATION TRIBUNAL	CESTAT

ONLINE EDITION

APPELLATE TRIBUNAL ORDERS

F Where non-resident not having PE in India, payment to non-resident outside India of advertisement expenditure in foreign currency not liable to tax : Sandoz P. Ltd. v. Addl. CIT (Mumbai) p. 100

F Interest on borrowed capital allowable as business expenditure : Sandoz P. Ltd. v. Addl. CIT (Mumbai) p. 100

F Method of accounting : Where closing stock increased on account of unutilised Modvat credit, corresponding opening stock of that year should also be increased : Sandoz P. Ltd. v. Addl. CIT (Mumbai) p. 100

PRINT EDITION

APPELLATE TRIBUNAL ORDERS

F Where non-resident company engaging consultants on retainership basis for its projects in India, such persons not eligible for retirement or superannuation or gratuity benefits, FBT not attracted : Joshi Technologies International Inc. v. Asst. DIT (International Taxation) (Ahd) p. 170

F Companies which have suffered merger or demerger, impacting financial results, those having supernormal profit, those functionally dissimilar, those acting as intermediary having outsourced their activity, those whose directors involved in fraud, those whose turnover exceeding Rs.200 crores not to be treated as comparables : Capital IQ Information Systems (India) P. Ltd. v. Dy. CIT (International Taxation) (Hyd.) p. 185

F International transactions : ALP : Foreign exchange fluctuation cannot be excluded in reckoning operating margin : Capital IQ Information Systems (India) P. Ltd. v. Dy. CIT (International Taxation) (Hyd.) p. 185

F Charitable purpose : Where building belonging to society and benefit going to society not managing trustee, no violation of section 13 : Shri Amol Chand Varshney Sewa Sansthan v. Addl. CIT (Agra) p. 211

F Exemption : Contributions to Lions Club : Lions Club is a social club, not social organisation to undertake social work as envisaged in study curriculum, exemption not allowable u/s. 10(23C)(iiiab) : Ganapathy Educational Trust v. Asst. DIT (Exemption) (Chennai) p. 231

F International transactions : Payment of royalty and technical fee to AE pursuant to deemed approval by RBI under automatic approval scheme, ALP cannot be computed at nil : ThyssenKrupp Industries India P. Ltd. v. Addl. CIT (Mumbai) p. 243

F Search and seizure : Matters finalised in proceedings following income-tax survey not to be considered in block assessment : Heatshrink Technologies Ltd. v. Asst. CIT (Mumbai) p. 269

F Search and seizure : Losses of block period from unaccounted transactions can be set off : Heatshrink Technologies Ltd. v. Asst. CIT (Mumbai) p. 269

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COMPANY LAW INSTITUTE OF INDIA PVT. LTD. No. 2, Vaithyaram Street, T.Nagar, Chennai - 600017. Phone: (044) 24350752 - 55 Fax: (044) 24322015 info@cliofindia.com

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----- Forwarded Message -----
From: "info@cliofindia.com" <info@cliofindia.com>
To: newsletter@cli.in
Sent: Thursday, 18 July 13 7:08 AM
Subject: Pre-Print Highlights of GSTR from CLI

Rs. 1,530/- Paper Bound Edition (Two Volumes)

www.cliofindia.com info@cliofindia.com GOODS AND SERVICE TAX REPORTS (GSTR) HIGHLIGHTS ISSUE DATED 22.7.2013 Volume 21 Part 4 SUPREME COURT HIGH COURTS ENGLISH CASES CESTAT ORDER STATUTES JOURNAL NEWS-BRIEFS AAR HIGH COURT F Whether booking commission, service commission and warranty services part of input services entitling assessee to input credit requires interpretation of statutory provisions and cannot be examined at state of waiver of pre-deposit : Carrier Air-conditioning and Refrigeration Ltd. v. Commissioner of Central Excise . . . 245 F Whether show-cause notice could be quashed on ground of delay under article 226 of Constitution to be decided in each individual case : Orient Ship Agency P. Ltd. v. Commissioner of Customs . . . 248 F For provisional release of confiscated goods differential duty has to be paid : Dhriti Enterprises v.Commissioner of Customs (Import) . . . 255 F A manufacturer whose total clearance in the previous year did not exceed Rs. 200 lakhs could get the benefit provided in Notification No. 1/1993-CE : Ganesh Steels v. Customs, Excise and Service tax Appellate Tribunal . . . 261 F Where appeals with stay applications for dispensing with deposit of duty were pending without being attended to or in which no final orders had been passed, no coercive steps for recovery of demands could be initiated, instead authorities should ensure that such appeals and interim applications were heard at the earliest : Mangalam Cement Ltd. v. Superintendent, Central Excise . . . 271 F Central Excise Department having no charge over property had no right to recover excise dues from subsequent purchaser who happened to be a bona fide purchaser : Luxmi Oil and Vanaspati P. Ltd. v. Commissioner of Central Excise . . . 283 F Where purchaser-company agreeing to bear all statutory liabilities of industrial unit under terms of agreement, Department entitled to recover duty dues of manufacturer from purchaser-company : Where penalty imposed after execution of agreement of sale, not covered in sale deed and agreement as statutory liability, purchaser not liable to pay penalty : Rana Girders Ltd. v. Union of India . . . 289 F Where excise duty paid on final product was more than credit taken on inputs, Modvat credit cannot be denied on ground that no manufacturing activity carried out : Commissioner of Central Excise v. Delta Corporation . . . 305 CESTAT ORDERS F Where duty paid on goods was more than Cenvat credit taken, it needed to be adjusted against demand of Cenvat credit : Hansa Tubes P. Ltd. Commissioner of Central Excise . . . 311 F Expert opinion as additional evidence to be allowed in interest of justice : Pushpal Exports P. Ltd. v. Commissioner of Customs . . . 314 F In view of absence of discussion or evidence to show methodology for arriving at amount imposed, some lenient view regarding imposition of redemption fine was called for : Pushpal Exports P. Ltd. v. Commissioner of Customs . . . 314 STATUTES AND NOTIFICATIONS F C. B. E. C. Circulars : Circular No. 19/2013-Customs, dated 9th May 2013-Classification of filters referred to as "disposable sterilised dialyser" and "microbarrier" : for filtering blood-Regarding . . . 49 Circular No. 20/2013-Customs, dated 14th May, 2013-Classification of the machines commercially referred to as "tablet computers"-Regarding . . . 51 Circular No. 21/2013-Customs, dated 16th May, 2013-Difficulties being faced in availing exemption relating to the oil exploration sector-Regarding . . . 53 Circular No. 22/2013-Customs, dated 24th May, 2013-Customs permission for transhipment of goods/containers from a gateway port to a container freight station (CFS) of another customs station-Regarding . . . 55 Circular No. 23/2013-Customs, dated 24th June, 2013-Introduction of risk management systems (RMS) in exports-Regarding . . . 58 Circular No. 24/2013-Customs, dated 27th June, 2013-Classification of elements of filters of heading 8421-Regarding . . . 61 Circular No. 25/2013-Customs, dated 1st July, 2013-Import of pets under baggage-Regarding . . . 62 Circular No. 970/4/2013-CX, dated 23rd May, 2013-Procedure governing the movement of excisable indigenous goods to the warehouses or retail outlets of duty free shops appointed or licensed under the Customs Act, 1962-Regarding . . . 63 COMPANY LAW INSTITUTE OF INDIA PVT. LTD. No. 2, Vaithyaram Street, T.Nagar, Chennai - 600017. Phone: (044) 24350752 - 55 Fax: (044) 24322015 info@cliofindia.com To Unsubscribe : Reply back with "Unsubscribe" in subject followed by the key word "ITR" or "CC" or "VST" or "CCD" or "GSTR" or "ITR (Trib)", respectively or "All" if you do not want any Email. ITR : Income Tax Reports, CC : Company Cases, VST : VAT and Service Tax Cases, CCD : Consolidated Commercial Digest, GSTR : Goods and Service Tax Reports, ITR (Trib) : ITR'S Tribunal Tax Reports. Also send your feedback or comments to info@cliofindia.com

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