3 October 2022


Search Results for Tag : Levy

Judgments

Provisions of Income Tax Act are not applicable, when situs of trademarks and intellectual property rights and owners thereof are not located in India(25.07.2016)

Situs of the owner of an intangible asset would be the closest approximation of the situs of an intangible asset

Petitioner (CUB Pty. Limited.....

Tags : Situs, Intangible assets, Levy

read»



Notifications & Circulars

Central Government hereby imposes on subject good an antidumping duty at the following rate(17.08.2016)

In matter of "Cold-Rolled flat products of alloy or non-alloy steel", falling under Headings 7209, 7211, 7225 and 7226 of First Schedule to Customs Ta.....

Tags : Anti-dumping duty, Levy

read»



Applicant is not chargeable to capital gains tax in India as control and management of affairs of company, particularly all financial affairs were situated only in Mauritius(08.08.2016)

Applicant had acquired 9,931,638 shares (representing about 8.12% – holding) in Tech Mahindra Limited, India (“TML”) which is listed on Bombay stock e.....

Tags : Capital gains, Levy, Country

read»



Amendment in Notification number 157/1990-Customs, dated the 28th March, 1990(05.10.2016)

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 : Notification, Amendment, Goods, Export, Levy

read»



Interest would be payable from date on which CENVAT credit is wrongly taken or utilized(03.11.2016)

Appellant is engaged in manufacture of electronic connector harness and other IT products availed CENVAT credit of duty paid on inputs and capital goo.....

Tags : CENVAT credit, Interest, Levy

read»



Central Government hereby imposes anti-dumping duty on specified goods at the rate equal to the amount as specified(29.11.2016)

Whereas, in the ’’matter of "Axle for Trailers" (hereinafter referred to as the 'subject goods'), falling under tariff item 8716 90 10 of the First Sc.....

Tags : Duty, Goods, Levy

read»



Penalty not imposable in absence of determination of duty(04.11.2016)

Appellant is a dealer for dealing in plastic granules and also as have manufacturing unit for manufacturing PP bags. During course of audit, it was no.....

Tags : Penalty, Levy, Validity

read»



CCI imposes penalties on cement companies for bid-rigging(19.01.2017)

The Competition Commission of India ('CCI') has imposed penalties on 7 cement companies for bid rigging of a tender floated by the Director, Supplies .....

Tags : Penalty, Levy, Cement companies

read»



A thing is a part of the other, if other cannot function without it(26.03.2019)

In facts of present case, the Respondent is engaged in the business of trading of spare parts of mining machinery, steel wire ropes, standard wires, w.....

Tags : Goods, Classification, Rate of tax, Levy

read»



If a legal fiction is introduced that legal fiction must be taken to the logical end(28.02.2019)

Present appeals filed under Section 35L of the Central Excise Act, 1944 (Excise Act) question the correctness of the Final Order passed by the Tribuna.....

Tags : Assessment, Duty, Levy

read»



Simultaneous penalties under Section 76 as well as 78 of Finance Act cannot be imposed(26.02.2019)

The Respondents are engaged in providing advertising services by displaying the advertisement of their clients on bus back panels, bus shelters etc., .....

Tags : Demand, Penalty, Levy

read»



Top Story

RBI imposes monetary penalty on five Prepaid Payment Instrument (PPI) Issuers(03.05.2019)

The Reserve Bank of India has imposed monetary penalty on five PPI Issuers for non-compliance of regulatory guidelines in exercise of its powers under.....

Tags : Penalty, Levy, PPI issuers

read»



Items or goods which cannot be fitted into broad entries into schedule of taxing statute are only required to be taken to residuary entry(08.03.2019)

The Appellants had approached the writ Court by filing Writ Petition. In the said writ application, the taxability of a widely known drink "Frooti" ma.....

Tags : Product, Classification, Levy thereof

read»



International Cases

Income tax is charged on the employment income of an employed diver, which includes fiction that, diver is carrying on a trade(20.05.2020)

In facts of present case, Mr. Martin Fowler is a qualified diver who is resident in the Republic of South Africa. During the 2011/12 and 2012/13 tax y.....

Tags : Employment income, Tax, Levy

read»



Assessee is not liable for tax on capital gain, when Assessee is neither a signatory to subsequent Sale Deed nor is recipient of any of sale consideration(29.04.2020)

In facts of the present case are that the Assessee, an individual, did not file any return of income for the relevant assessment year. The Assessing O.....

Tags : Capital gain, Levy, Legality

read»



TDS provisions under Section 194H of IT Act is not applicable on sale of recharge vouchers and pre-paid vouchers to sole distributors(18.05.2020)

Present cross appeals filed by the Revenue as well as the assessee are directed against the common order of the learned Commissioner of Income Tax (Ap.....

Tags : Levy, TDS provisions, Applicability

read»



As the subject-goods comes under a particular chapter-heading, there is no necessity to import “common parlance” test(01.05.2020)

Present two appeals against the decision of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) rendered on 16th July, 2008 require adjudicat.....

Tags : Duty, Levy, Goods, Classification

read»



Where the value declared in the return of income has been accepted by the Assessing officer, there cannot be any basis for levy of penalty for concealment of income(15.02.2021)

Present is an appeal filed by the assessee against the order of Learned CIT(A). The only effective ground of appeal relates to levy of penalty under S.....

Tags : Penalty, Levy, Legality

read»



Authority under RERA Act, 2016 is empowered to impose interest on contravention of obligations by promoter(04.11.2020)

In facts of present case, the Petitioner is a promoter. The Respondent Nos.3 to 119 are allottees. The Petitioner could not deliver possession of the .....

Tags : Interest, Levy, Validity

read»



Subsequent compliance in assessment proceedings is considered as a good compliance and default committed earlier needs to be condoned by the Assessing officer(28.10.2020)

Present appeals have been preferred by the Assessees against the separate orders of the Learned Commissioner of Income Tax (Appeals) {CIT(A)} wherein .....

Tags : Penalty, Levy, Validity

read»



Remittance made by the assessee abroad towards commission expenses is not chargeable to tax in India(11.01.2021)

In instant case, the Assessing Officer (AO) disallowed claim towards commission expenses on export sales to the extent of Rs. 78,90,570 in the course .....

Tags : Assessment, Tax, Levy

read»



When the notice issued by AO is ambiguous, penalty proceedings are not sustainable(09.04.2021)

The assessee is private limited company, engaged in the business of share, commodity trading and investment activities. It filed its return of income .....

Tags : Penalty, Levy, Validity

read»



No penalty shall be imposable on the persons or the assessee, if he proves that there was a reasonable cause for failure referred in Section 271 D of IT Act, 1961(10.03.2021)

In facts of present case, the assessee filed return of income declaring income of Rs. 2,30,000 plus agricultural income of Rs. 1,10,000 was filed on 3.....

Tags : Penalty, Levy, Legality

read»



Where inapplicable portions were not struck off in the penalty notice, the penalty was vitiated(17.05.2021)

The facts of the case are that the assessee has been the proprietor of Food Land Agro (India) engaged in the business of processing and sale of milk. .....

Tags : Penalty, Levy, Notice

read»



Concealment of income can be levied only in cases where the concealment has been proved(26.07.2021)

Assessee is a company who filed its return of income for A.Y. 2008-09, declaring total income of Rs.1307,37,84,038. Thereafter, assessee filed revised.....

Tags : Assessment, Penalty, Levy

read»



In order to bring ‘Business profits’ of a resident of the other country to tax in India within the ambit of Article 7 of DTAA, foreign enterprise must have a Permanent Establishment (PE) in India(15.06.2021)

The assessee is a company registered in, and a tax resident of the United States of America. No return of income was filed for the year under consider.....

Tags : Assessment, Tax, Levy

read»



Penalty provisions are applicable only when there is a failure to furnish returns or there is concealment of income or furnishing of inaccurate particulars before the Assessing Officer(23.07.2021)

The assessee is an individual and earned income from purchase and sale of properties and shown income under the head capital gain. The assessee claim .....

Tags : Penalty, Levy, Validity

read»



Penalty levied shall be cancelled, where as a result of final order, the amount of tax, with respect to the default in payment of which the penalty was levied, has been wholly reduced(20.07.2021)

Both the appeals filed by the respective assessees are directed against the orders passed by Learned Commissioner of Income Tax [CIT(A)] in their resp.....

Tags : Assessment, Penalty, Levy

read»



Where the assessee is prevented by sufficient reasonable cause for obtaining a tax audit report, the penalty shall not be levied(03.11.2021)

The Appellant is a co-operative society registered under the provisions of Maharashtra Co-operative Societies Act, 1960. The Appellant society is enga.....

Tags : Penalty, Levy, Legality

read»



Service can be taxable in the hands of the recipient in India only when the part of it is performed in India(26.09.2022)

The issue involved in the present case is that whether the Appellant is liable to pay service tax in respect of exhibition service provided by foreign.....

Tags : Tax, Levy, Legality

read»



Levy of penalty has to be clear as to the limb under which it is being levied(17.05.2022)

The Assessee has claimed expenses of Rs. 48,53,671 under the "business promotion expenses" which were disallowed by the Assessing Officer (AO) on the .....

Tags : Penalty, Levy, Legality

read»



News

SC: States Cannot Levy Excise Duty on Alcohol Which is Not Fit for Human Consumption(04.03.2022)

Supreme Court observed that States have power to levy excise duty only in respect of the alcoholic liquor for human consumption, noting that alcoholic.....

Tags : Supreme Court, Levy of Excise Duty, Alcohol Not for Human Consumption

read»



No additional levy on use of cards at petrol stations says Petroleum Minister(09.01.2017)

MoS (I/C) for Petroleum and Natural Gas, Shri Dharmendra Pradhan said neither the customers nor petrol pump dealers will bear additional charges on di.....

Tags : Cards, Usage, No additional levy

read»



For levy of service tax, a specific amount has to be agreed between service recipient and service provider(27.11.2018)

The Appellant 'Premium Real Estate Developers', New Delhi is a partnership firm and is in the business of real estate trade. The issue involved in thi.....

Tags : Transaction, Tax, Levy

read»



Karnataka HC Issues Notice on Plea Against Levy of Property Tax on Buildings & Lands(16.12.2021)

Karnataka High Court has issued notice on a plea challenging certain provisions of the Karnataka Municipal Corporations Act 1976 that provide for levy.....

Tags : Karnataka High Court, Levy of Property Tax on Buildings & Lands

read»



CBDT amends provisions of Income-tax Rules, 1962 for prescribing fees under Section 234H of the Income-tax Act, 1961(30.03.2022)

In order to mitigate the inconvenience to the taxpayers, as per Notification No.17/2022 dated 29th March, 2022, a window of opportunity has been provi.....

Tags : Provision, Amendment, Fees, Levy

read»



An assessee should be given sufficient opportunity to explain their case particularly for invocation of penal provision(24.06.2022)

The Appellant have defaulted the regular payment of duty thereafter the department frozen the bank account of the Appellant and recovered the non paid.....

Tags : Penalty, Levy, Validity

read»



Levy of GST on Priority Sector Lending Certificates (PSLC)(12.09.2018)

Representations have been received requesting to clarify the following:

(i) Mechanism for discharge of tax liability on trading of Priority .....

Tags : Levy, GST, PSLC

read»



Penalty can only be levied in cases where concealment of income has been proven(15.03.2022)

Present appeal has been filed challenging the order passed by Delhi Bench of the ITAT ('Tribunal'). The Appellant states that, the charging of interes.....

Tags : Assessment, Penalty, Levy

read»



Kerala HC Stays GST Levy on TCS Amount Collected by Vehicle Dealers(22.01.2019)

Kerala High Court has stayed the levy of Goods and Services Tax (GST) on the amount collected by them as Tax Collected at Source (TCS) from vehicle pu.....

Tags : Kerala High Court, GST Levy on TCS Amount Collected by Vehicle Dealers

read»



Gujarat HC Quashes Circular Levying GST on DISCOMS for Bundled Services(24.01.2019)

Gujarat High Court has struck down a part of a circular issued in March last year by the Central Board of Indirect Taxes and Customs (CBIC), which had.....

Tags : Gujarat High Court, Circular Levying GST on DISCOMS

read»



#GST Rollout: Govt Amends Registration Rules(29.06.2017)

Central Government has notified amendments made to Registration Rules under CGST, which says that registration granted to a tax payer can be cancelled.....

Tags : Central Government, GST, Composition Levy

read»



Relaxation on levy of additional fees under the Companies Act, 2013(29.12.2021)

1. In continuation to Ministry's General Circular No. 17/2021 dated 29.10.2021, keeping in view various requests received from stakeholders regarding .....

Tags : Relaxation, Levy, Additional fees

read»



Madras HC Quashes Levy of Penalty as SCN Not Issued by Proper Officer(25.03.2021)

Madras High Court has quashed the levy of penalty under Section 112(a) or 114AA of the Customs Act, 1962 in favour of Quantum Coal Energy (P) Ltd as S.....

Tags : Madras High Court, Levy of Penalty

read»



Others

Parameters for Splitting of GST Revenue Between Centre and States(11.08.2015)

Under the proposed General Sales Tax regime, the Centre would levy and collect Central Goods and Services Tax, and States would levy and collect the S.....

Tags : general sales tax, levy, apportion

read»



CESTAT, Delhi: Levy of Penalty on Proprietor and Firm Would Amount to Double Jeopardy(08.06.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has held that the levy of penalty on the sole proprietor of a firm along with the c.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Levy of Penalty on Proprietor and Firm

read»



All laws are deemed to apply prospectively unless either expressly specified to apply retrospectively(01.09.2020)

Present appeal takes exception to the Final Order passed by the Customs, Excise & Service Tax Appellate Tribunal, whereby the customs duty levied upon.....

Tags : Customs duty, Levy, Validity

read»



Equalisation Levy of 6 % to Come in Force from Tomorrow(31.05.2016)

Equalisation levy of 6 per cent on services pertaining to cross border digital transactions will come into effect from June 1.

Tags : Equalisation levy , cross border digital transactions

read»



Clarification in respect of levy of GST on Director's remuneration(10.06.2020)

1. Various references have been received from trade and industry seeking clarification whether the GST is leviable on Director's remuneration paid by .....

Tags : Clarification, Levy, GST

read»



Service tax on freight forwarders on transportation of goods from India(12.08.2016)

Board has received representations regarding service tax on freight forwarders on transportation of goods from India. In terms of rule 10 of Place of .....

Tags : Freight forwarders, Goods, Transportation, Levy

read»



Relaxation on levy of additional fees in filing of certain Forms under the Companies Act, 2013 and LLP Act 2008-Extension of time(30.06.2021)

In continuation to this Ministry's General Circular No. 06/2021 dated 03.05.2021 and on account of requests for further extension of timelines specifi.....

Tags : Relaxation, Levy, Additional fees

read»



#GST Rollout: Govt Amends Provisions relating to Composition Levy under CGST & UTGST Act(29.06.2017)

Central Government has notified that manufactures of ice-cream, pan masala and tobacco cannot opt for composition levy under Central Good and Services.....

Tags : Central Government, GST, Composition Levy

read»



Benefit extended under Customs Act waiving customs duty cannot be taken as waiver of sales tax under state and central laws(21.01.2020)

The admitted factual position in the present cases is that, after importing foreign made cigarettes, the Appellants stored the same in the customs bon.....

Tags : Sales tax, Levy, Legality

read»



A tax on sale or purchase of goods includes a tax for transfer of right to use goods(04.12.2019)

The question involved in the appeal is whether it is open to the State of Karnataka to levy Sales Tax in view of the Time Charter Agreement dated 8th .....

Tags : Agreement, Transaction, Tax, Levy

read»



Amount of surcharge under Section 5A of OST Act to be levied before deducting amount of entry tax paid by a dealer(28.10.2016)

Respondents are engaged in sale and purchase of Motor Vehicles and are registered dealers under Orissa Sales Tax Act, 1947 ('OST Act') as well as unde.....

Tags : Surcharge, Entry tax, Levy

read»



Charges on digital transactions(11.04.2017)

Digital financial transactions are a part of the Government's strategy to create histories of transactions, including the associated credit, and there.....

Tags : Digital transactions, Charges, Levy

read»



Delhi HC Issues Notice on Uber's Plea Challenging Levy of GST on Auto Rickshaw Services(16.12.2021)

Delhi High Court has issued notice on a petition moved by Uber India challenging the two notifications levying goods and services tax (GST) on auto ri.....

Tags : Delhi High Court, Levy of GST on Auto Rickshaw Services

read»



Central Government hereby directs that the whole of the duty of excise payable under Section 3 of Central Excise Act, 1944 on Heena Powder and Paste shall not be required to be paid(24.04.2017)

Whereas the Central Government is satisfied that according to a practice that was generally prevalent regarding levy of duty of excise (including non-.....

Tags : Duty, Non-Levy, Heena Powder

read»



Notice under Section 274 of the IT Act should specifically state the grounds on which penalty was sought to be imposed(13.05.2022)

The present appeals have been filed by the assessee against the orders of the learned CIT(A). The Assessing Officer made addition on account of agricu.....

Tags : Penalty, Levy, Legality

read»



Kerala HC Restrains Revenue from Recovering Amount Refunded as Levy of Service Tax(20.11.2020)

Kerala High Court has restrained the Revenue from recovering the amounts refunded since the levy of service tax on the payment in lieu of foreign agen.....

Tags : Kerala High Court, Amount Refunded as Levy of Service Tax

read»



TRAI releases Consultation Paper on "Methodology for levy of Spectrum Charges for provision of Satellite based Services using Gateway installed in India under 'sui-generis' category"(10.10.2018)

1. The Telecom Regulatory Authority of India (TRAI) has today released a Consultation Paper on "Methodology for levy of Spectrum Charges for provision.....

Tags : Consultation Paper, Levy, Spectrum Charges

read»



Continuing link of Appellant with equipment and facilities is infrastructural support and covered by definition of 'Support Services of Business or Commerce'(15.03.2017)

Present appeal against Order-in-Original wherein demand of service tax of Rs. 1,02,21,578.00 along with interest and imposition of equivalent penalty .....

Tags : Demand, Levy, Penalty

read»



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

read»



Supply of tangible goods will fall under the taxable services only when right to possession and effective control is not transferred(02.05.2019)

In facts of present case, during the course of audit it was noticed that, Appellant has recovered rent charges towards rents of gas cylinders obtained.....

Tags : Tax, Levy, Validity

read»



Madras High Court: Error in Short-Levy of Service Tax Can be Ratified by Assessee(13.02.2020)

Madras High Court has held that in the case of an error in short-levy of service tax, for the purposes of ratifying, the Assessee is left with two opt.....

Tags : Madras High Court, Short-Levy of Service Tax

read»



Madras HC Disposes of PIL Challenging Levy of Fees for Unutilized Facilities in 2020-21(02.03.2021)

Madras High Court has disposed of a Public Interest Litigation filed by over 90 students of the School of Excellence in Law, affiliated to the Tamil N.....

Tags : Madras High Court, Levy of Fees for Unutilized Facilities

read»



Direct Tax Dispute Resolution and Equalisation Levy effective 1 June 2016(31.05.2016)

The Direct Tax Dispute Resolution Scheme 2016 under Chapter X of the Finance Act 2016 came into effect on 1 June 2016. Declarations in respect of tax .....

Tags : direct tax, dispute resolution, equalisation levy, finance act, 2016

read»



Non-payment of service tax by way of advancement of Yoga provided by entities registered under section 12AA of Income-tax Act, 1961(26.09.2016)

Whereas, the Central Government is satisfied that in the period commencing on and from the first day of July, 2012 and ending with the 20th day of Oct.....

Tags : Yoga, Advancement, Levy, Non-payment

read»



Rule 9 (1) (e) of Valuation Rules cannot be automatically applied to every import which has surface features of a turnkey contract(27.04.2020)

The dispute in present appeal relates to valuation under the Customs Act, 1962 of import of certain items made by the Respondent Steel Authority of In.....

Tags : Post importation, Duty, Levy

read»



Schemes for Rebate of State and Central Taxes and Levies (RoSCTL) and Additional Ad-hoc Incentive for export of garments and made-ups(19.02.2020)

1. Government had notified the scheme for Rebate of State Levies (RoSL) to mitigate the incidence of State VAT and other State taxes on export of garm.....

Tags : Schemes, Levy, Rebate

read»



Madras HC Stays Order Related to Levy of GST on Flat, Villa Maintenance Charges(10.09.2021)

Madras High Court has stayed a Single Judge Order on levy of Goods and Service Tax on flat, villa maintenance charges. Flat or villa owners paying mor.....

Tags : Madras High Court, Levy of GST on Flat, Villa Maintenance Charges

read»