CASE LAWS

2016-TIOL-130-HC-DEL-IT + Story

SUN PHARMACEUTICAL INDUSTRIES LTD Vs DCIT: DELHI HIGH COURT (Dated: January 14, 2016)

Income tax - Writ - Sections 119(1), 143(2), 147, 148, Instruction No 9 of 2006 - reassessment - audit objection.

Whether reassessment proceedings initiated u/s 148, on the basis of audit objection, is legally sustainable - NO: HC

Whether Instruction No 9 of 2006 issued by the CBDT, directing AOs to initiate reassessment in case of an audit objection overrides the statutory powers vested in AOs u/s 147 - YES: HC

Writ petition allowed

2016-TIOL-131-HC-MAD-CUS

JEYYEMAARR Vs CC: MADRAS HIGH COURT (Dated: December 8, 2015)

Customs - CHALR 2004 / CBLR 2013 - Petitioner is a Custom House Agent and holder of CHA licence under Section 146 of the Customs Act, 1962, which is valid upto 2015 - Based on the investigation report of DRI, the Respondents alleged that during April 2011 to Sep 2013, the petitioner filed various bills of entry without obtaining authorization and without verifying the antecedents, correctness and identity of their clients and violated the provisions of Regulation 13(a), 13(b), 13(d), 13(e) and 13(k) of CHALR 2004 (Regulation 11(a), 11(b), 11(d), 11(e) and 11(k) read with Regulation 18(b) of CBLR 2013) - With proceedings on the revocation of the existing license underway, the petitioner applied for renewal, on which no action was taken, hence the WP.

WP disposed of

2016-TIOL-132-HC-MAD-ST

KRIPA OUTDOOR PUBLICITY Vs CESTAT: MADRAS HIGH COURT (Dated: December 16, 2015)

Service Tax - Advertising services - Appellant firm engaged in providing outdoor rural advertising services during the material period (May 1997-Mar 2000); could not discharge tax owing to dissolution of partnership and business losses; however the liability was discharged later with interest - tax demand with interest and penalty adjudicated, upheld by Commissioner (Appeals) and the Tribunal, now agitated herein on penalty.

CMA dismissed

2016-TIOL-133-HC-MAD-ST

ARAFAATH TRAVELS PVT LTD Vs CESTAT: MADRAS HIGH COURT (Dated: December 11, 2015)

Service Tax - Air Travel Agent Service -Overriding Commission earned on passenger air ticket sales and on cargo sales viewed as taxable; demands adjudicated and agitated before the Tribunal, who directed the pre-deposit of Rs 20 lakhs, now agitated herein.

Matter remanded

2016-TIOL-248-CESTAT-CHD

MAKEMY TRIP INDIA PVT LTD Vs CCE & ST: CHANDIGARH CESTAT (Dated: December 14, 2015)

ST - Tour operator service and travel agent service - Activity undertaken by assessee is booking of air tickets and arranging tour for their clients - During impugned period, dispute relates to international packages, tour provided by them to their Indian customers, and receiving payment in Indian currency in advance - Consideration received for operating and arranging outbound tours is not liable to levy and collection of ST under provisions of Act, since taxable event is provision of a taxable service; and not pursuit of profession, of a taxable service providers - Demand of ST confirmed on account of booking of air ticket on cost of airticket service provided by assessee to their customers under category of tour operator service and they have provided tour to their customers which include ticket as well as hotel packages - Assessee is liable to pay ST on composite amount - They have paid duty as per Rule 7 of STR, 1994 i.e. on concessional rate of duty - Stay application allowed: CESTAT

Stay granted

DGFT TRADE NOTICE

Trade Notice 15

Strict adherence to the Notification No 114 dated 12th March 2015 specifying number of mandatory documents required for Export and Import

RBI

DBR.IBD.BC.74/23.67.001/2015-16

Amended circular on Gold Monetisation Scheme, 2015