Once isssues invloved are already decided in assessee’s own case by Coordinate Bench, then going by judicial consistency, same findings are applicable mutatis mutandis: ITAT

2019-TIOL-1684-ITAT-MUM IN THE INCOME TAX APPELLATE TRIBUNALBENCH 'B' MUMBAI ITA No.4280/Mum/2013ITA No.5121/Mum/2013 Assessment Year: 2008-09Assessment Year: 2009-10 BHARAT PETROLEUM CORPORATION LTDTAXATION SECTION, 3RD FLOOR, BHARAT BHAVAN-II4 AND 6, CURRIMBHOY RD,…

Continue Reading Once isssues invloved are already decided in assessee’s own case by Coordinate Bench, then going by judicial consistency, same findings are applicable mutatis mutandis: ITAT

Assessee pays royalty to parent company and the same is directly related to manufacturing process of final products, hence credit related to IPR service is eligible: CESTAT Bangalore

IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL SOUTH ZONAL BENCH, BANGALORE Appeal No. E/21017/2018-SM Arising out of Order-in-Appeal No. 176/2018-CT, Dated: 13.03.2018 Passed by the Commissioner of Central…

Continue Reading Assessee pays royalty to parent company and the same is directly related to manufacturing process of final products, hence credit related to IPR service is eligible: CESTAT Bangalore

5 per cent Safeguard duty imposed on import of palm oil from Malaysia

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS NEW DELHINOTIFICATION NO29/2019-Customs, Dated:…

Continue Reading 5 per cent Safeguard duty imposed on import of palm oil from Malaysia

Cus – Simply because value declared is lower than that found in NIDB database, same cannot be revised as it does not, in itself, constitute a reasonable doubt: CESTAT

2019-TIOL-2522-CESTAT-MAD IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNALREGIONAL BENCH, CHENNAICOURT NO. III Customs Appeal No. 42382 of 2014 Arising out of Order-in-Appeal No.87/2014, Dated: 21.08.2014Passed by Commissioner of…

Continue Reading Cus – Simply because value declared is lower than that found in NIDB database, same cannot be revised as it does not, in itself, constitute a reasonable doubt: CESTAT

ST – Building rented to earn revenue to perform statutory functions entrusted under Article 243W – no suppression can be alleged – penalty u/s 76 set aside: CESTAT

2019-TIOL-2527-CESTAT-MAD IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNALREGIONAL BENCH, CHENNAICOURT NO. I Service Tax Appeal No. 40475 of 2019 Arising out of Order-in-Appeal No. 454 to 457/2018, Dated:…

Continue Reading ST – Building rented to earn revenue to perform statutory functions entrusted under Article 243W – no suppression can be alleged – penalty u/s 76 set aside: CESTAT

CX – Commission agents appointed outside India make every effort to promote products manufactured – ST paid on sales commission is an Input service: CESTAT

2019-TIOL-2533-CESTAT-MAD IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNALREGIONAL BENCH, CHENNAICOURT NO. III Excise Appeal No. 40722 of 2019 Arising out of Order-in-Appeal No. 693/2018(CTA-II), Dated: 28.12.2018Passed by the…

Continue Reading CX – Commission agents appointed outside India make every effort to promote products manufactured – ST paid on sales commission is an Input service: CESTAT

ST – Jointly owned property rented out – rent received by individual as per their share is taxable, no clubbing permitted: CESTAT

2019-TIOL-2526-CESTAT-AHM IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNALWEST ZONAL BENCH, AHMEDABADREGIONAL BENCHCOURT NO. III Misc. Application No. ST/ORS/10066/2018-DB[On behalf of Appellant]InAppeal No. ST/10248/2013-DB Arising out of OIA-263-268/2012-STC-/SKS/COMMR-A-/AHDPassed by…

Continue Reading ST – Jointly owned property rented out – rent received by individual as per their share is taxable, no clubbing permitted: CESTAT

Penalty or fine paid in foreign country by airlines for default or mistake of passengers & not on account of any infraction of law, can be allowed as business expense u/s 37: ITAT

2019-TIOL-1677-ITAT-MUM IN THE INCOME TAX APPELLATE TRIBUNALBENCH 'B' MUMBAI ITA No.2182/Mum/2012Assessment Year: 2008-09 AIR INDIA LTD(FORMERLY KNOWN AS NATIONAL AVIATION COMPANY OF INDIA LTD)DIRECTOR FINANCE, OLD AIRPORT, KALINASANTACRUZ (EAST), MUMBAIPAN…

Continue Reading Penalty or fine paid in foreign country by airlines for default or mistake of passengers & not on account of any infraction of law, can be allowed as business expense u/s 37: ITAT

CX – ISD – Prior to 01.04.2012, no formula for distribution of credit was prescribed in rule 7 of CCR and, therefore, ISD was free to distribute credit as deemed fit: CESTAT

2019-TIOL-2525-CESTAT-MAD IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNALREGIONAL BENCH, CHENNAICOURT NO. III Excise Appeal No. 40205 of 2013 Arising out of Order-in-Original No.36/2012, Dated: 26.10.2012Passed by Commissioner of…

Continue Reading CX – ISD – Prior to 01.04.2012, no formula for distribution of credit was prescribed in rule 7 of CCR and, therefore, ISD was free to distribute credit as deemed fit: CESTAT

Additions u/s 69C for bogus purchases are untenable if purchases are accepted as genuine, payment is made through cheque & source of payment is explained in books of accounts: ITAT

2019-TIOL-1676-ITAT-MUM IN THE INCOME TAX APPELLATE TRIBUNALBENCH 'H' MUMBAI ITA Nos.157/Mum/2017 & 158/Mum/2017Assessment Years: 2007-08 & 2009-10 ASSISTANT COMMISSIONER OF INCOME TAX-18(2)302, 3RD FLOOR EARNEST HOUSENCPA MARG, MUMBAI - 400021…

Continue Reading Additions u/s 69C for bogus purchases are untenable if purchases are accepted as genuine, payment is made through cheque & source of payment is explained in books of accounts: ITAT