ITR'S TRIBUNAL TAX REPORTS (ITR (Trib)) HIGHLIGHTS
F Penalty : Where no default in submitting documents and information within prescribed time, penalty cannot be imposed u/s. 271G : Dy. CIT v. Leroy Somer and Controls (India) P. Ltd. (Delhi) p. 29
F Income-tax survey : Admission made in statement recorded on oath during survey not to be relied on as basis for making additions : Unique Art Age v. Asst. CIT (Jaipur) p. 547
F Business expenditure : Where deficiencies in vouchers not proved, estimated disallowance of 5 per cent. sufficient to cover possible deficiencies : ITO v. Anson Financial Holidays (Cochin) p. 620
F Business expenditure : Where failure to prove applicability of provisions of section 40A(2)(a) to payments made to agents incentive, expenditure allowable : ITO v. Anson Financial Holidays (Cochin) p. 620
F Penalty : Where conditions laid down in Explanation to section 271(1)(c) satisfied, penalty cannot be levied : Kalpana Nursing Home P. Ltd. v. Asst. CIT (Jodhpur) p. 633
F Where appropriate authority to decide on quantum of weighted deduction is Department of Scientific and Industrial Research, figure cannot be disturbed by Tribunal : Electronics Corporation of India Ltd. v. Asst. CIT (Hyd) p. 637
F TDS : CIT (Appeals) not clear whether payments professional or technical services, order set aside : Apar Industries Ltd. v. Asst. CIT (Mumbai) p. 652
F Capital gains or business income : Where acceptance of claim for earlier year would not operate res judicata or estoppel for following year when facts not identical, profits assessable as business income : Asst. CIT v. Hitesh S. Bhagat (Mumbai) p. 660
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On Monday, 3 February 2014 5:51 AM, "info@cliofindia.com" <info@cliofindia.com> wrote:
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GOODS AND SERVICE TAX REPORTS (GSTR) HIGHLIGHTS
F Demand of interest for period post finalisation of assessment, not interfered with : R. K. Chemicals v. Chief Commissioner of Customs (Bom) P. 307
F Refund cannot be withheld merely because special leave petition filed before Supreme Court against order of Appellate Tribunal : Shiva Shankar Minerals P. Ltd. v. Government of India (AP) P. 310
F Proof of actual export : No time limit fixed for filing of original documents : KLJ Organics Ltd. v. Union of India (Guj) P. 321
F Where period of dispute involved prior to introduction of levying provision and assessee paying tax for subsequent period, waiver of pre-deposit granted : Welspun Syntex Ltd. v. Commissioner Of Central Excise And Customs (Bom) P. 325
F Whether assessee performed taxable service outside India falling under "determination of any question relating to rate of service tax", appeal maintainable before Supreme Court not High Court : Commissioner v. B A Research India Ltd. (Guj) P. 329
F Storage loss condonable up to 0.5 per cent. on sufficient cause being shown and loss beyond that limit not condonable : Commissioner of Central Excise v. U. P. State Sugar Corporation (All) P. 381
F Proviso to rule 9B(5) of 1944 Rules made applicable only from 25-6-1999 and doctrine of unjust enrichment not applicable to refunds for periods prior to 25-6-1999 even if assessments finalised after 25-6-1999 : Commissioner of Central Excise and Service Tax v. Panasonic Battery India Co. Ltd. (Trib.-Ahd) [LB] P. 331
F Assessee reversing proportionate Cenvat credit as required under rule 6(3)(a) entitled to exemption on naphtha attributable to electricity generated in captive power plant used in manufacture of fertilisers and not entitled to exemption on portion of naphtha used for allied activities : Hindustan Petroleum Corporation Ltd. v. Commissioner of Central Excise (Trib.-Mum) P. 338
F Mere process of diluting by adding non-reactant substance not manufacture : Products arising out of manufacturing process of adding various ingredients and distinct from principal raw material are dutiable products : Texcare P. Ltd. v. Commissioner of Central Excise (Trib.-Chennai) P. 364
F Imported goods not eligible for benefit of exemption under Notification No. 1/ 2011 : Fresenius Kabi India P. Ltd. v. Commissioner of Customs (Imports) (Trib.-Mum) P. 368
F Assessee availing of exemption in respect of items manufactured without including clearance figures of certain items and failing to pay duty for period prior to 28-9-1996 liable to penalty under rule 173Q : Texcare P. Ltd. v. Commissioner of Central Excise (Trib.-Chennai) P. 364
F C. B. E. C. Circulars :
Circular No. 1/2014-Customs, dated 9th January, 2014-Classification of human embryo-Regarding P. 120
Circular No. 2/2014-Customs, dated 9th January, 2014-Classification of "transmission shafts/power takeoff (PTO) shafts" in HS harmonised customs tariff-Regarding P. 121
Circular No. 44/2013-Customs, dated 30th December, 2013-Exemption from special additional duty of customs (SAD) on goods cleared from SEZ/FTWZ into DTA-Clarification-Regarding P. 117
Circular No. 45/2013-Customs, dated 31th December, 2013 P. 119
Circular No. 975/9/2013-CX, dated 25th November, 2013-Amendment of rules 8, 9 and 10 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000-Regarding P. 123
Circular No. 976/10/2013-CX, dated 12th December, 2013-Extension of warehousing and acceptance of LUT in place of bank guarantee for export warehousing for status holder manufacturer exporters-Regarding P. 124
Circular No. 977/1/2014-CX, dated 3rd January, 2014-Availability of excise duty exemption to units which have already availed of exemption under new industrial policy for another 10 years by way of 2nd substantial expansion in State of Jammu and Kashmir-Clarification-Regarding P. 127
Circular No. 978/2/2014-CX, dated 7th January, 2014-Levy of education cess and secondary and higher education cess on other cesses-Regarding P. 128
F Regulations :
Customs Baggage Declaration (Amendment) Regulations, 2013 P. 117
F Rules :
Central Excise (Third Amendment) Rules, 2013 P. 114
Central Excise Valuation (Determination of Price of Excisable Goods) Amendment Rules, 2013 P. 113
Cenvat Credit (First Amendment) Rules, 2014 P. 116
Cenvat Credit (Third Amendment) Rules, 2013 P. 115
F Notifications :
Finance Act, 1994 : Notification under section 93(1) : Exemption to certain services : Amendments P. 113
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