CASE LAWS

2016-TIOL-79-SC-CT

STATE OF WEST BENGAL Vs CALCUTTA CLUB LTD: SUPREME COURT OF INDIA (Dated: May 4, 2016)

West Bengal Sales tax Act, 1994 - Section 2(30)

Keywords - club - doctrine of mutuality - deemed sale - permanent members & supply of refreshments

Whether a controversy involving amendment to Article 366 of the Constitution by insertion of clause (29A)(e), proposing an inclusive definition of 'deemed sale', requires to be referred to the Larger bench, for deciding the question that even if the principle of mutuality or agency is established, will the 'supply of refreshments' by the clubs to their permanent members be treated as 'sale' - YES: SC

Case referred to larger bench

2016-TIOL-1328-CESTAT-MAD + Story

EXIDE INDUSTRIES LTD Vs CCE: CHENNAI CESTAT (Dated: May 4, 2016)

Central Excise - CENVAT credit - the dispute here is to whether service tax on transportation of goods to sister unit is eligible for credit at the sender's end.

Held: When liability is incurred by the appellant and there is no law to deny the CENVAT credit under reverse charge mechanism, there is no question of depriving the appellant from the CENVAT Credit of the service tax paid on the outward transportation - Revenue has misconceived the scheme of taxation, inasmuch as the Reverse charge mechanism is quite different from the normal taxation - the service suffering tax entitles the recipient thereof to take credit of tax so suffered; hence there cannot be denial of the credit. [Para 3, 4]

Appeal allowed

MCA NOTIFICATIONS

F. No. A-45011/14/2016-Ad.IV

New Benches of Company Law Tribunal constituted

F. No. A-45011/14/2016-Ad.IV

Govt notifies many more New Sections of Companies Act, 2013 to be effective from June 1, 2016

CUSTOMS NON TARIFF NOTIFICATION

cnt16_079

Appointment of Common Adjudicating Authority