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Franchise service - Whether right conferred is a representational right, to be established

21 March 2017

Delhi High Court has held that merely because by an agreement, a right is conferred on a party to sell or manufacture goods or provide services or undertake a process, it would not ipso facto bring the agreement within the ambit of a franchise.

The Court in this regard, in its decision in the case Delhi Internatio...

Development Authority is not “local authority” – Income not exempt

9 March 2017

In a recent judgment, Delhi High Court has held that bi-annual or annual payments, being capital payments for a limited/specific period towards acquisition of lease hold rights, are not subject to TDS.
The assessee had entered into 90 years long term lease with Greater Noida Industrial Development (GNOIDA). According to l...

Filling gases in cylinders from tanker and mixing of gases is not manufacture

21 February, 2017

Taking note of the CESTAT decision in the case of Ammonia Supply Company which has attained finality, and department’s Circular dated 8-10-1997, the Supreme Court of India has in the case of Vadilal Gases Ltd. upheld Tribunal’s decision that activity of filling gases in cylinders from tanker would not amount...

Bringing rig into India for repairs is not import for home consumption

21 February, 2017

Noting that the adjudication order did not record that the rig was in operation within the territorial waters of India, or that the rig did not operate outside the territorial waters of India, Supreme Court has set aside the demand of duty on said rig, brought in India for the purpose of repairs and subsequently sent out.


BAS – Liability on expenses incurred for joint operation of centre

21 February, 2017

In a dispute where the assessee was managing and maintaining various facilities at the premises of IHC and receiving amounts towards expenses incurred for operation of the centre, CESTAT Delhi has rejected the contention of liability under Business Auxiliary Services.

The Revenue department here was of the view that assess...

Form of participation in another enterprise to be satisfied to deem two entities as AEs

25 January 2017

The assessee is engaged in the business of manufacture and sale of polished diamonds. The assessee entered into an international transaction with a Belgian Entity by name Blue Gems BVBA. The Assessing Officer (AO) was of the view that the said entity would qualify to be Associated Enterprises (AEs) on the ground that the assessee and Blue ...

Setoff of unabsorbed depreciation – ‘year’ mentioned in s.72A not means previous year

25 January 2017
The assessee (amalgamated Company) amalgamated with a Company by name SKUPL (amalgamating Company) as per the order of the Calcutta High Court in 2004.  The Assessee Company (Unique International (P) Ltd.) had set off the brought forward loss of the amalgamating company in the year under consideration. The Assessing off...

Central Excise & Customs Tariffs amended from 1-1-2017

17 January, 2017

Both Central Excise Tariff Act, 1985 and Customs Tariff Act, 1975 have been amended with effect from 1-1-2017.

These changes, made by the Finance Act, 2016, were part of the Budget 2016 proposals and have been made consequent to the amendments made in the classification of many items in the Harmonised System of Nomenclature...

No liability on bank to pay purchase tax for accepting EXIM Scrips

15 December 2016

The Supreme Court of India has held that State Bank of India is not liable to pay purchase tax for accepting Exim Scrips (Export Import License) or Replenishment licenses on payment of premium. The Reserve Bank of India in order to mop up unutilized Exim Scrips in the hands of the holders who were willing to dispose of the same through sp...

New All Industry Rates of Drawback notified

4 November 2016
Indian Ministry of Finance has revised the All Industry Rates (AIR) of Drawback, payable to the exporters by the Revenue department to neutralize various duties suffered by the former in respect of goods exported. The revised rates given in the new schedule, which also makes certain changes in tariff items description, will come into...

AEOs allowed to pay Customs duties on fortnightly basis

4 November 2016
Customs duties payable on import of goods in India can now be paid on fortnightly basis by specified Authorised Economic Operators - importers. New Rules namely, Deferred Payment of Import Duty Rules, 2016 have been issued by the Central Board of Excise and Customs (CBEC) on 2nd of November, 2016.
The ...

Testing whether a transaction is sale or service

29 September 2016

The High Court of Bombay in [Mahyco Monsanto Biotech (India) P Ltd v. UOI, 2016 (44) S.T.R 161 (Bom.)] examined whether the transaction undertaken by the petitioners would be exigible to service tax or to VAT where the petitioners were involved in different transactions though both urged that their transaction was a ser...

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