News Update

I-T - Additions framed on account of unexplained cash credit & unexplained money, are not tenable where cash deposits & withdrawals were of personal funds & were done through banking channels: ITATUS says not too many vibrant democracies in the world than IndiaI-T - Benefit of section 11(2) can not be denied merely on reasoning that form 10 is filed belatedly: ITATSwati Maliwal case takes new turn with Kejriwal’s assistant Bibhav Kumar filing FIR against herI-T- Unexplained money - Additions sustained as assessee unable to provide proper explanation for amount withdrawn & subsequently deposited into same bank account: ITATIndia says Chabahar Port to benefit Central Asia and AfghanistanCX - Though Commissioner mentions that he refrains from imposing penalty under Rule 27 of CER, 2002, same is not invoked in SCN, there is no way that Adjudicating Authority could have imposed penalty under said Rule: CESTATRussia seizes Italy’s UniCredit assets worth USD 463 mnCus - Order re-determining transaction value based on CRCL test report is not correct & hence unsustainable: CESTATPutin says NO to Macron’s call for ceasefire in Ukraine during OlympicsCus - If price is not sole consideration for sale, then transaction value can be rejected under Rule 8 of Export Valuation Rules & then must be redetermined sequentially through Rules 4 to 6: CESTATBrazil to host women’s World Cup 2027Cus - If there is additional consideration for sale, then proper course for the officer is to reject transaction value & re-determine value under Rule 4 or Rule 5 or Rule 6 sequentially: CESTATSC upholds ICAI rules capping number of audits per yearST - Assessee transports coal for M/s WCL; demand raised under Cargo Handling Service on activity of loading/unloading/packing of Coal - Activity of loading/unloading/packing may take even longer time than actual transportation, but main purpose of contract is to transport goods - Demand raised is not tenable, more so where M/s WCL already paid tax under reverse charge on transportation service: CESTAT

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Budget 2017 - A quick look at ST exemptions and CCR, 2004


Budget 2017 - A quick look at ST exemptions and CCR, 2004

Sir, i appreciating the good info provided.
(1) At A(5) it is stated that 'Wherever, value of land is not identifiable, the value shall be considered as 25% or 30% as applicable (instead of 40%). Under 2A(ii), are there again two options available like one by reducing land value (if available) from gross amount and pay ST on the 40% of the balance amount and second option to pay ST on 25%/30% of the gross value (inclusive of land value) in tune with sl.12 of 26/2012-ST.
(2) At B(1) it is mentioned that 'This would result in inclusion of Service fee into the Exempted Turnover for the purpose of calculating your CENVAT eligibility ratio under Rule 6(3) of CCR, 2004 which will effectively reduce your eligibility'. I think both services exempted under ME and services listed under Sec 66D are exempted services only. Then how it alters the liability under Rule 6(3).
Thanking you Sir,
Mallikarjun Reddy.C

mallikarjun reddy c 02/02/2017

 

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