Saturday, 9 May 2015

Time-limit to apply for excise duty refund doesn't apply to rebate claims under Rule 18 of Excise

Excise & Customs : Rule 18 of Central Excise Rules, 2002 is to be construed independently and same, by itself, does not stipulate a period of limitation; hence, time-limit of section 11B of Central Excise Act, 1944 cannot apply to rebate claims under said rule 18

If tax on accounted sales of assessee is already paid by its sister concern, benefit thereof to be e

IT : Where assessee explained difference between stock found during survey and that found in books of account by stating that sale of certain finished goods by its sister concern was wrongly shown to be its sale but revenue authorities found that such sale was unaccounted sale made by assessee to its sister concern, addition was made to assessee's income

Remission of trading liability can’t be treated as part of business income for computing sec. 10A re

IT : While computing amount of relief under section 10B, freight and telecommunication charges were to be excluded from both export turnover as well as total turnover

Rate of interest to be charged for delay payment of duty depends on notifications issued from time t

Excise & Customs : Payment of interest is automatic irrespective of reason for delay in payment of duty and rate of interest to be charged depends upon notification issued from time to time

Effluent couldn't be regarded as goods; its transportation through pipeline not liable to service ta

Service Tax : Movable property in general trade parlance is considered as a property in goods which can fetch certain price; hence, effluent waste, which is not being purchased by any person, cannot be regarded as 'goods' and transport thereof through pipeline cannot be charged to service tax

HC denied exemption to hospital superficially working with philanthropic objects but in reality work

IT: Existence of an institution ostensibly for philanthropic purpose and in reality for profit, would not qualify that institution for deduction under provisions of section 10(23C)(via)