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Since the Director of the appellant-company was actively involved in the day to day activity of the appellant-company penalty on him under Rule 26 has been correctly imposed. - Tri
In absence of direct or indirect involvement of the Managing Director in the clandestine removal of the goods no personal penalty under Rule 26 is imposable on him. - Tri
Cenvat Credit denied - galvanization does not amount to the manufacture - The duty paid on the G.P. Coils etc., is more than Cenvat Credit taken and needs to be adjusted against the demand of the Cenvat Credit. - Tri
Extended period of limitation - in cases of intention to evade duty relevant date for computation of extended period for show cause is the date of knowledge - Tri
Rejection of transaction value and enhancement of assessable value has to be on the basis of some evidences on record. - NIDB data cannot be made the basis for enhancement of value - Tri
MAT - Agriculture income - sale of tea plant - Since these two items are of agricultural income it should be allowed as deduction while computing income u/s. 115JB being book profit - Tri
Re-assessment - No addition is made rather from the records the information available was used for making disallowance - the order of reopening is quashed - Tri
Performance incentive paid to employees - tds - the estimated TDS deducted in a bona fide manner as per the settled legal position cannot be faulted with. - Tri
Disallowance of expenditure in computing the income under the head capital gains - cost of making the title complete and perfect can be treated as the 'cost of acquisition' falling u/s. 48. - Tri
True, genuine and bona fide transactions, even if made below par, the fair market valuation would not have any tax implication, being only undertaken in the normal course of business and in its interest.l - Tri
Guilty of willful omission - in the normal course, there would be no reason for the selling dealer to doubt the declaration made by the purchasing dealer, in the Form ST-1 - HC
Expression tax due as appearing in section 27(1) has to be read in conjunction with provisions of section 21(3) and interest u/s 27(1) is payable only on the tax due according to the return filed - HC
Trade tax on mushroom - mushroom has been excluded from category of fresh fruits and green vegetables. - not exempted - HC
The CLB has, under the garb of doing substantial justice, granted extreme directions under Section 402, enabling the Respondents to achieve indirectly a virtual veto right on all issues and the ability to paralyze the functioning of the Company - HC
Amalgamation - u/s 391 the C. Govt. & IT Authority do not have any powers to intervene or to be heard on any scheme which is filed seeking sanction of the Court - HC
Payment of commission to relatives for the services rendered by them for promoting sales. - genuineness of commission established - deduction allowed - HC
Rejection of the application for registration – Manufacture of cigarettes - No condition regarding issue of licence under IRDA Act by Ministry of Commerce and Industry, before the issue of Central excise registration certificate - refusal of registration is incorrect - Tri
Penalty u/s 78 - Changeability of service tax on rent income classifiable under the category of Renting of Immovable Property. - penalty imposed set aside. - Tri
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1
ATA Carnet (Form of Bill of Entry and Shipping Bill) Regulations, 1990
2
Baggage (Transit to Customs Stations) Regulations, 1967
3
Bill of Coastal Goods (Form) Regulations, 1976
4
Bill of Entry (Electronic Declaration) Regulations, 2011
5
Bill of Entry (Forms) Regulations, 1976
6
Boat Notes Regulations, 1976
7
Bonded Aircraft Stores (Procedure) Regulations, 1965
8
Courier Imports and Exports (Clearance) Regulations, 1998
9
Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010
10
Customs (Fees for Rendering Services by Customs Officers) Regulations, 1998
11
Customs (Provisional Duty Assessment) Regulations, 2011
12
Customs and Central Excise Settlement Commission Procedure, 2007
13
Customs House Agents Licensing Regulations, 2004
14
Customs Refund Application (Form) Regulations, 1995
15
Export Manifest (Aircraft) Regulations, 1976
16
Export Manifest (Vessels) Regulations, 1976
17
Export Report (Form) Regulations, 1976.
18
Goods Imported (Conditions of Transhipment) Regulations, 1995
19
Handling of Cargo in Customs Areas Regulations, 2009
20
Import Manifest (Aircraft) Regulations, 1976
21
Import Manifest (Vessels) Regulations, 1971
22
Import of Gold and Silver by Passengers (Form of Bill of Entry) Regulations, 1994
23
Import Report (Form) Regulations, 1976
24
Imported Packages (Opening) Regulation, 1963.
25
Imported Stores (Retention on Board) Regulations, 1963
26
Levy of Fees (Customs Documents) Regulations, 1970
27
Manufacture and Other Operations in Warehouse Regulations, 1966
28
On-site Post Clearance Audit at the Premises of Importers and Exporters Regulations, 2011
29
Passenger’s Baggage (Levy of Fees) Regulations, 1966
30
Project Imports Regulations, 1986
31
Shipping Bill (Electronic Declaration) Regulations, 2011
32
Shipping Bill and Bill of Export (Form) Regulations, 1991
33
Shipping Bill for Aircraft Spares Ex-bond Regulations, 1975
34
Transportation of Goods (Through Foreign Territory) Regulations, 1965
35
Uncleared Goods (Bill of Entry) Regulations, 1972
36
Warehoused Goods (Removal) Regulations, 1963
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