Saturday 6 September 2014

Toilet papers couldn't be valued on MRP basis under sec. 4A; their valuation was to be made under se

Excise & Customs : 'Toilet paper' classifiable under Tariff Item 48181000 is not covered under Sl. No. 55 of Notification No. 49/2008-CE(NT) and is not assessable under section 4A; same is to be valued as per section 4


Manufacturers of ‘air springs assembly and other metals parts’ are eligible to claim benefit of sec.

IT: Where assessee engaged in manufacturing of 'air springs assembly and other metal parts' claimed deduction under section 80-IC, in view of fact that imported material as well as local materials were used in manufacturing process which resulted in a final product quite distinct from components used and had distinct usage too, assessee's claim for deduction was to be allowed


Cable operators are eligible to take input credit of services received from multi-system operators

Service Tax : In case of cable operators, prima facie, demand should be raised based on collections received from customer after allowing credit of service tax paid on service received from multi system operator


Issue of disallowance couldn’t be raised before CIT(A) if disallowance was made by CIT in revisional

IT: Matter remanded where revenue submitted that assessee could not raise issue of disallowance of bad debts before first appellate authority when disallowance was upheld by Commissioner in revision


HC upheld VAT penalty when dealer confessed that silver bar unearthed during survey wasn’t accounted

CST & VAT : Where Assessing Officer conducted survey upon assessee and found certain silver bar, which was not accounted for in account books, and thereupon assessee appeared before Assessing Officer and admitted that silver bar was neither accounted for in account books nor bill was available, Assessing Authority had rightly imposed penalty upon assessee under section 77(8)


No revision to disallow sec. 10AA deductions to a SEZ unit duly approved and recognized under SEZ Ac

IT: Revision on ground that assessee had not fulfilled eligibility conditions as SEZ was unjustified where it was found that assessee was duly granted approval by SEZ authorities to set up SEZ unit, it was recognized as an entrepreneur under SEZ Act and was also granted renewal of approval for trading by competent authority under SEZ Act


Society of labourers supplying manpower services on daily wage basis are liable to service-tax

Service Tax: A registered society of retrenched labourers supplying labourers on daily wage basis is, prima facie, liable to service tax under manpower recruitment or supply agency services.


Exp. reimbursed to NR agent in relation to export sales couldn’t be disallowed treating it as post-s

IT/ILT: Where in terms of sales agreement, assessee had agreed to bear expenses relating to export sales carried out on its behalf by consignment agent located abroad, assessee's claim for deduction of said expenses could not be rejected taking a view that same were in nature of post sales expenses


Co-op. society exempted from withholding of taxes under sec. 194A on interest paid to its members: I

IT : Where assessee, a co-operative society, carrying on banking business, paid interest income to members on both time deposits and on deposits other than time deposits, it was not required to deduct tax at source under section 194A by virtue of exemption granted vide clause (v) of sub-section (3) of said section


CA held guilty of professional misconduct for filing bogus form with ROC to claim undue interest in

Chartered Accountants Act : Where respondent Chartered Accountant had filed bogus forms with ROC appointing directors of complainant company and had taken undue interest in matters of company after his resignation as auditor, respondent was guilty of professional misconduct