16 September 2019

Search Results for Tag : Exemption


Location of manufacture not bonded to quality and type of concrete(06.10.2015)

The Supreme Court ruled that a manufacturer of concrete mix, manufacturing it for captive consumption cannot claim exemption from excise duty on the b.....

Tags : Concrete, excise, exemption, preparation


Disclosure of bank’s business dissuades “window-dressing”, in public interest(28.06.2016)

“Any action that results in dissuading commercial entities from indulging in practices such as window-dressing would be in larger public interest”, th.....

Tags : rti, exemption, bank, business mix, public interest


Purpose of import can be gathered from actual use, Supreme Court held that, Show cause notice not time barred as issued soon after the information gathered(08.08.2016)

As soon as information was gathered by DRI, show cause notice was issued. Therefore, Supreme Court opined that, show cause notice had been issued with.....

Tags : Notifications, Exemptions, Entitlement


Packing materials are not raw materials, component parts or inputs used in manufacture of finished goods and are separately defined under enactment.(02.09.2016)

Appellant is a public limited company having a tea manufacturing unit at Dharwad and various other units which also manufacture tea. It is claimed tha.....

Tags : Notification, Exemption, Packing materials


There should be a finality attached to the issue once it stands decided by the higher Courts on merits(05.12.2016)

Appellant was Ruler of the princely State of Kota. He owned extensive properties which, included two residential palaces known as "Umed Bhawan Palace".....

Tags : Levy, exemption, Entitlement


State Governments have power to levy sales tax on value of material in execution of the works contract(28.08.2017)

In facts of present case, in the year 1954, the State Government of Rajasthan enacted Rajasthan Sales Tax Act in order to tax the sales and purchase o.....

Tags : Works contract, Exemption, Entitlement


Burden was strictly on Assessee to establish its entitlement to scheme of exemption(22.11.2018)

The present revision has been filed by the Assessee against the order passed by Tribunal. Tribunal had rejected Assessee's appeal claiming exemption u.....

Tags : Exemption, Denial, Validity


Railway administration is not liable to pay compensation, if passenger dies or suffers injury due to- suicide or attempted to suicide by him or self-inflicted injury(21.11.2018)

The Applicant has filed present claim petition under Section 16 of the Railway Claims Tribunal Act, 1987 seeking compensation for an amount of Rs. 4,0.....

Tags : Compensation, Payment, Exemption


Where there is an exclusionary Clause in an insurance policy, burden lies on insurer to establish that exclusion is attracted(07.12.2018)

Present appeals arise from a judgment of a Division Bench of the High Court. The High Court has affirmed the decision of the Commission by which an in.....

Tags : Insurer, Liability, Exemption


Assessee seeking benefit of exemption must always prove its admissibility(21.12.2018)

The facts as revealed from the order passed by the Tribunal, are that with a view to avail exemption from payment of Central Excise under the Notifica.....

Tags : Exemption, Denial, Validity


Once it is held that power bank is also a kind of mobile charger, benefit of Notification will be available(14.01.2019)

In facts of the present case, the Respondent assessee was engaged in the manufacture of power bank/portable mobile charger out of imported components......

Tags : Classification, Exemption, Entitlement


No specific exemption is codified which allowed non-disclosure of information on basis that the matter on which information is sought is sub-judice(30.05.2019)

In facts of present case, the CPIO, vide its letter stated that as per the advice of the CVC, a prosecution sanction order issued against the Appellan.....

Tags : Information, Disclosure, Exemption


Control by Government authorities requires managerial control on day to day functioning of such society in order to claim exemption provided for purchase of hospital equipment(03.06.2019)

Rejection of Appellant's claim for exemption of customs duty under Notification No. 63/88-Cus against purchase of hospital equipment (C.T. Scanner) by.....

Tags : Notification, Exemption, Entitlement


Notifications & Circulars

CBDT notifies transactions for which the condition of chargeability to STT for claiming exemption under Section 10(38) of the Income Tax Act, 1961 shall not apply(06.06.2017)

Section 10(38) of the Income-tax Act, 1961 ('the Act'), prior to its amendment by Finance Act, 2017 provided that the income arising by way of a trans.....

Tags : Transaction, Exemption, Claim


GST exemption for products used by differently abled people(18.07.2017)

Specified assistive devices, rehabilitation aids and other goods for differently abled people attract the lowest (non-Nil) GST rate of 5%. Most of the.....

Tags : Exemption, Products, Differently abled


Exemption of service and disability element of disability pension granted to disabled personnel who have been invalided on account of disability attributable to or aggravated by such service(24.06.2019)

Under the existing provisions of clause (l) of sub section 2 of section 297 of the Income-tax Act, 1961 ('Act') any notification issued under sub sect.....

Tags : Exemption, Pension, Disabled personnel


Exemption for India's food stock holding from WTO subsidy rules(17.07.2019)

The decision taken by the General Council of the World Trade Organization (WTO), in November 2014, makes it clear that the mechanism, under which WTO .....

Tags : Exemption, Food stock, WTO subsidy rules


Amendments to Foreign Trade Policy 2015-2020 - Extension of Integrated Goods and Service Tax and Compensation Cess exemption under Advance Authorisation, EPCG and EOU scheme upto 31.03.2020(20.03.2019)

In exercise of powers conferred by Section 5 of FT(D&R) Act, 1992, read with Paragraph 1.02 of the Foreign Trade Policy, 2015-20, as amended from time.....

Tags : Policy, Amendment, Exemption


Exemption of intra state supply of heavy water and nuclear fuels falling in Chapter 28 of the First Schedule to the Customs Tariff Act, 1975 from the whole of central tax(21.09.2017)

In exercise of the powers conferred by sub-section (1) of section 11 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Governm.....

Tags : Exemption, Heavy water, Supply


Persons exempted from obtaining registration under Central Goods and Services Tax Act, 2017(15.11.2017)

In exercise of the powers conferred by sub-section (2) of section 23 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this n.....

Tags : Services, Supply, Exemption


Exemption of all cases of combinations under Section 5 of the Competition Act, 2002 involving the Central Public Sector Enterprises operating in the Oil and Gas Sectors(22.11.2017)

In exercise of the powers conferred by clause (a) of Section 54 of the Competition Act, 2002 (12 of 2003) (herein after referred to as the Act), the C.....

Tags : Exemption, CPSEs, Oil and Gas Sectors


Cruise tourists arriving with e-visa exempted from the requirement of biometric enrolment(02.01.2018)

In order to promote cruise tourism in the country, and make India an attractive cruise tourist destination, the Ministry of Home Affairs has, on reque.....

Tags : Cruise tourists, E-visa, Exemption


Exemption of goods specified in the first schedule of the Customs Tariff Act, 1975 from Education Cess leviable under Finance Act, 2004(02.02.2018)

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), read with section 94 of the Finance (No. 2.....

Tags : Exemption, Goods, Customs Tariff


Visa Exemption to Foreign Designers in Handicrafts Sector(26.06.2018)

Handicrafts sector has been exempted from minimum salary condition (Rs. 16.25 lakhs per annum) for grant of employment visa to foreign designers for a.....

Tags : Visa, Exemption, Foreign Designers


Exemption of goods falling under First Schedule to Customs Tariff Act, 1975 when imported into India as donation for the relief and rehabilitation of the people affected by the floods in Kerala(21.08.2018)

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied th.....

Tags : Exemption, Goods, Floods, Kerala


Exemption to Interest Income on Specified Off-shore Rupee Denominated Bonds(17.09.2018)

Interest payable by an Indian company or a business trust to a non-resident, including a foreign company, in respect of rupee denominated bond issued .....

Tags : Interest Income, Denominated Bonds Exemption


Clarification regarding scope of Notification No. 25/2012-Service Tax dated 20.06.2012, Sl. No. 5(a)(06.09.2016)

Said notification exempts services by way of renting of precincts of a religious place meant for general public. 'Religious Place' has been defined in.....

Tags : Notification, Exemption, Scope


Point of Sale (POS) Devices and Goods required for their manufacture exempted from Central Excise Duty till March 31, 2017(29.11.2016)

The Government has demonetised the currency notes of Rs 500 and Rs 1,000 with effect from mid-night of 8th-9th November, 2016. Along with this, the Go.....

Tags : Exemption, Sale, Goods


Amendment in notification No.25/2012-Service Tax, dated the 20th June, 2012(12.01.2017)

In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government being satisfied tha.....

Tags : Notification, Amendment, Exemption, Applicability


Exemption from Drawal of Samples for the Purpose of Grant of Drawback to the AEO Certificate Holders(28.02.2017)

I am directed to invite your attention to Circular No. 34/95-Cus dated 06.04.1995 prescribing the monetary limits and frequency of drawal of sample fo.....

Tags : Exemption, Samples, Drawl


Ministry of Corporate Affairs issues fresh notifications wherein, the Central Government intends to provide clarity on the applicability of the threshold exemption limits to all forms of combinations(30.03.2017)

The Ministry of Corporate Affairs (MCA) has undertaken a major reform in the regulation of combinations under the Competition Act, bringing India in l.....

Tags : Exemption limits, Notifications, Clarity


Exemption from application of quantitative ceiling and export bans and enhancement of quantitative ceiling(19.04.2017)

In exercise of the powers conferred by Section 3 of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992), as amended, read with para.....

Tags : Exemption, Ceiling, Export


Exemption from drawal of samples for the purpose of grant of drawback to the AEO certificate holders(29.05.2017)

I am directed to invite your attention to Circular No. 5/2017-Cus dated 28.2.2017, wherein exporters who have been accorded Authorized Economic Operat.....

Tags : Exemption, Drawl, Samples


Services provided to the Government, a local authority or a governmental authority with regard to water supply(22.08.2016)

It has been reported to the Board that in some cases contractors providing service of construction of tube wells for Government have been considered t.....

Tags : Contractors, Construction service, Government, Exemptions


Scope of 'site' enlarged for exemption from excise(06.07.2016)

The Ministry of Finance enlarged the scope of the word ‘site’ in its excise exemption notification.

By an earlier notification, the Minist.....

Tags : excise, construction, site, exemption


Amendments to Notification No. 12/2012- Customs(12.08.2015)

The Government made changes to Serial entries 329A, 330 and 334 and added Serial Number 333A and 333B.

Tags : customs, amendment, exemption


Clarification on approval and claim of exemption by universities and educational institutions(17.08.2015)

The Central Board of Direct Taxation notified clarifications to Section 10(23C)(vi) of the Income Tax Act, 1961, which prescribes conditions for tax e.....

Tags : Tax, exemption, universities



Government Announces Labour Law Exemption for Startups Up to 3 Years(10.03.2016)

Government has announced that Start-ups have been exempted from nine labour laws for a period of three years to promote and incentivise the entreprene.....

Tags : Government, Start-ups , Labour Law Exemption


CBDT: Bonds Issued by ‘Power Finance Corporation Ltd’ Are Eligible for Capital Gain Exemption(12.06.2017)

Central Board of Direct Taxes (CBDT) has notified that Capital Gain exemption under section 54EC of Income Tax Act is applicable to bonds issued by Po.....

Tags : Central Board of Direct Taxes, Capital Gain Exemption


Supreme Court Rejects Plea Seeking 'No Tax Exemption' For Political Parties(11.01.2017)

Supreme Court has rejected a petition seeking to quash Section 13(a) of Income Tax Act which confers tax exemption to political parties for income fro.....

Tags : Supreme Court, Political Parties, Tax Exemption


GST: Government Exempts Skimmed Milk Powder or Concentrated Milk(26.09.2017)

Central Government has exempted skimmed milk powder or concentrated milk from the ambit of Goods and Services Tax (GST) regime.

Tags : Goods and Services Tax, Exemption, skimmed milk powder, concentrated milk


ITAT Bengaluru: Cost Incurred on Alteration/Renovation on Purchased Unit is Eligible for Capital Gain(26.09.2017)

A Division bench of ITAT Bengaluru has held that the benefit of Section 54F of the Income Tax Act, 1961 can be extended to the cost incurred by the as.....

Tags : ITAT Bengaluru, Exemption, Capital Gain


Government Exempts Receipts from FIFA Under-17 Football World Cup from Income Tax Net(28.09.2017)

Central Government has notified income tax relief to FIFA under-17 Football World Cup which will run from October 6 to 28 by exempted the World Cup as.....

Tags : FIFA Under-17 Football World Cup, Tax Exemption


Acquisition of Tenancy Right Not Eligible for Capital Gain Exemption: ITAT(01.05.2019)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the acquisition of the tenancy rights would not amount to purchase or construction of a new.....

Tags : ITAT, Acquisition of Tenancy Right, Capital Gain Exemption


ITAT: Non-Filing of Income Tax Return Cannot be a Ground to Deny Capital Gain Exemption(21.05.2019)

ITAT Bangalore has observed that the benefit of the capital gain exemption cannot be denied to a taxpayer on the ground that the income tax return is .....

Tags : ITAT, Exemption


Wife to Get Tax Exemption Even if Investment Made in Joint Name of Husband: ITAT(18.12.2018)

Income Tax Appellate Tribunal has ruled that assessee wife can claim exemption from tax liability under Section 54F of the Income Tax Act and observe.....

Tags : ITAT, Wife to Get Tax Exemption


ITAT Delhi: Tax Exemption Cannot be Denied Merely Because One Donation in One Year is Doubtful(01.07.2019)

Income Tax Appellate Tribunal (ITAT) Delhi has ruled that the income tax exemption cannot be denied to a Trust merely because one donation in one yea.....

Tags : ITAT Delhi, Tax Exemption


ITAT Delhi: Availability of Capital Gain Exemption to More Than One House if HUF Property Sold(18.06.2019)

Income Tax Appellate Tribunal (ITAT) Delhi has noted that the capital gain exemption under Section 54 of the Income Tax Act, 1961 should be given to m.....

Tags : ITAT Delhi, Capital Gain Exemption


ITAT Cochin: Compulsory Acquisition of Urban Agricultural Land Entitled for Tax Exemption(19.06.2019)

Income Tax Appellate Tribunal (ITAT) Cochin has noted that the compulsory acquisition of the urban agricultural land is eligible for tax exemption und.....

Tags : ITAT Cochin, Exemption


ITAT Chennai: Capital Gain Exemption Not Allowable Merely Due to Agreement Without Payment Evidence(20.06.2019)

Income Tax Appellate Tribunal (ITAT), Chennai has observed that the exemption under Section 54F of the Income Tax Act, 1961 (Act) is allowable merely .....

Tags : ITAT Chennai, Capital Gain Exemption


ITAT Mumbai: Exemption Cannot be Refused to Education Trust Since it Provided Some Facilities(28.06.2019)

Income Tax Appellate Tribunal (ITAT), Mumbai has noted that the exemption under the Income Tax Act, 1961 cannot be denied to an education trust merely.....

Tags : ITAT Mumbai, Exemption


International Cases

Intention of Parliament must be clearly found on wording of legislation(22.05.2019)

By present appeal, Mr. and Mrs. Hancock seek to show that, the redemption of the loan notes, issued to them in connection with the sale of their share.....

Tags : Charge, Capital gains, Exemption