Sunday 6 December 2015

Refund claim is time barred if it is filed beyond time limit provided in notification

Service Tax: A refund claim of service tax filed beyond time-limit specified in concerned exemption notification is time-barred and not maintainable, even if same is within time-limit specified in section 11B of the Central Excise Act, 1944

CAT directs investigation as contract was awarded to cartel instead of lowest bidder

Competition Act : Where findings recorded by Supreme Court clearly established that respondent Nos. 3 to 5 had formed a cartel for procuring contract of liaisoning work for procurement of Coal for state power generation company, cancellation of contract awarded to lowest bidder would make a prima facie case warranting an investigation into matter

ITAT treats 25% of income from selling of sun dried coffee seeds as business income as per Rule 7B

IT : Where assessee was selling only sun dried coffee seeds and was not engaged in other processing activities, its income from coffee estate had to be computed by applying Rule 7B

Voyage of vessel between Indian ports during course of international voyage deemed as international

IT : Journey of a vessel between two Indian ports is "international traffic" under Art 8 of India-Singapore DTAA if the same is part of a larger journey between two foreign ports. It is only when a ship or aircraft is operating 'solely' between places in a contracting state that the transport is excluded from scope of "international traffic". It is not the case of the Revenue that the journey being undertaken by such vessels in question were confined between the two ports in India either routine

AO can't impose penalty under sec.271(1)(c) once penalty proceedings are initiated under sec. 271AAA

IT: Provisions of sections 271AAA and 271(1)(c) are mutually exclusive and, thus, once penalty is initiated under section 271AAA for 'specified previous year', there cannot be any occasion to impose penalty under section 271(1)(c)

Importer not guilty for wrongly declaring Country of origin if it was made as per supplier's asserti

Excise & Customs : Where importer declared country of origin as USA as per supplier's declarations, importer's assessment cannot be reopened alleging misdeclaration on ground that goods bore Australia marking, especially when department had not raised such objection at time of import