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Refund claim rejected as time bared - the amount deposited by the appellant during the investigation can never be construed as a duty - it is held as deposited under protest - refund allowed - Tri Abatement of duty - Rule 10 of the Pan Masala Packing Rules – Just because the Superintendent s remark regarding sealing does not mention the time of sealing, it cannot be presumed that on 4th April 2009 and 3rd July 2009, the factory had operated. - Tri As the data is being retrieved or access by the applicants to their own database which were in US, UK and India, therefore, it cannot be prima facie held as import of services - Tri Free call services provided to employees by cellular companies - pre deposit ordered by the CESTAT to the extent of Rs. 80 crores reduced to Rs. 25 crores. - HC Valuation - import of replicators - purchase of DVDs from India - the licence fee and royalty paid by the respondent to the licensor is includable in the value of the goods purchased from the replicator(s). - Tri Valuation of shares - Difference between value of share on the date of its allotment and the price of warrant paid as per letter of allot - proviso (iv) of section 48 not applicable - Tri Reopening of assessment - The prime requirement for the validity of a notice issued under section 148 is that the reasons recorded should have a live link or nexus with the material on record. - HC There is no need to discuss provisions of sections 70, 71 & 32(2) elaborately as the CIT erred in coming to the conclusion that current year's depreciation cannot be allowed to be set off against capital gains. - Tri Residential status - foreign going vessel - he was outside Indian territory for 230 days and the requirement of section 6 for being outside India for 182 days, he become 'non-resident'. - Tri Transfer of the merchant banking business - nature of the transfer does not attract the provision of section 50B in relation to slump sale also as there is no transfer of an undertaking by the assessee. - Tri Bad debts / business loss - The loans given to staff has been written off since the same are irrecoverable in view of transfer of the merchant banking business. - deduction allowed - Tri U.P. Value Added Act, 2008 - every dealer holding registration certificate under the erstwhile Act, as a dealer, is deemed to be registered under the new Act - non-obtaining of biometrics data, as in the instant case, will not invalidate the registration certificate. - HC Petitioner is not personally liable to pay the outstanding dues under the U.P. Trade Tax/Sales Tax Act of the Private Limited Company but under CST he is liable to pay the dues - HC Refund claim denied - period of limitation - cause of action arose only on 15/11/06, when they paid for the second time as a result of audit objection - refund claim is withing period - Tri Rejection of Refund claim – appellant filed under protest letter on 7.1.1987. - after two days they filed six nos. classification lists - thus, the under protest letter has no effect in the eye of law - Tri An educational qualification recognized by law will not cease to be recognized by law merely because for practicing in the field to which the qualification relates, a further examination held by a body regulating that field of practice is to be taken. - HC Fulfillment of export obligation – it is not open to the customs authorities to presume that extension of the LOP would be granted by the Development Commissioner to facilitate evasion of duty. - HC Merely because the CIT is having a different view, the same would not entitle him to initiate revision proceedings u/s 263, if the view taken by the assessing officer is one of the possible views. - Tri    Left Stop Right
Other Direct Tax Provisions
1 Accounting Standards U/s 145(2)
2 Authority for Advance Rul­ings (Procedure) Rules, 1996
3 Bank Term Deposit Scheme, 2006 - U/s 80C(2)(xxi)
4 Banking Cash Transaction Tax Rules, 2005
5 Capital Gains Accounts Scheme, 1988
6 Centralised Processing of Statements of Tax Deducted at Source Scheme, 2013
7 Condonation of Delay in Filing Refund Scheme
8 Electoral Trusts Scheme, 2013
9 Electronic Filing of Re­turns of Tax Collected at Source Scheme, 2005
10 Electronic Filing of Returns of Tax Deducted at Source Scheme, 2003
11 Electronic Furnishing of Return of Income Scheme, 2004
12 Electronic Furnishing of Return of Income Scheme, 2007
13 Employees’ Stock Option Plan or Scheme
14 Equity Linked Savings Scheme, 2005
15 European Economic Community International Institutional Partners (ECIIP) Scheme, 1993
16 Expenditure-tax Rules, 1987
17 Furnishing of Return of Income on Internet Scheme, 2004
18 Guidelines for providing train­ing by Shipping Companies opting for Tonnage Tax scheme under Chapter XII-G
19 Income Tax Ombudsman Guidelines 2010
20 Income-tax (Appellate Tribunal) Rules, 1963
21 Income-tax (Certificate Proceedings) Rules, 1962
22 Income-tax (Dispute Resolution Panel) Rules, 2009
23 Income-tax Settlement Commission(Procedure) Rules 1997
24 Income-tax Welfare Fund Rules
25 Industrial Park Scheme, 2002
26 Industrial Park Scheme, 2008
27 Investment Deposit Account Scheme, 1986
28 Issue of Foreign Currency Convertible Bonds and Ordinary Shares (Through Depositary Receipt Mechanism) Scheme, 1993
29 Kisan Vikas Patra Rules, 1988
30 National Savings Certificates (VIII Issue) Rules, 1989
31 National Savings Scheme Rules, 1992
32 POST OFFICE (MONTHLY INCOME ACCOUNT) RULES, 1987
33 Public Provident Fund Scheme, 1968
34 Rajiv Gandhi Equity Savings Scheme, 2012
35 Reduction or Waiver of Interest u/s 234A/234B/234C
36 REVERSE MORTGAGE SCHEME, 2008
37 Scheme for Bulk Filing of Returns by Salaried Employees, 2002
38 Scheme for Filing of Returns by Salaried Employees through Employer, 2004
39 Scheme for Furnishing of Paper Returns of Tax Collected at Source, 2005
40 Scheme for Furnishing of Paper Returns of Tax Deducted at Source, 2005
41 Scheme to develop, operate and maintain special economic zones under section 80-IA of Income-tax Act read with rule 18C(2) of Income-tax Rules
42 Securities Lending Scheme, 1997
43 Securities Transaction Tax Rules, 2004
44 Site Restoration Fund Scheme, 1999
45 Social Security Certificates Rules, 1982
46 Software Technology Parks Scheme
47 Tax Return Preparer Scheme, 2006
48 Wealth Tax Settlement Commission(Procedure) 1997
 
 

 
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