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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 Construction of complex - several quarters - different buildings in the same compound. - None of the buildings had more than 12 flats in each building - Prima facie case in favor of assessee - pre deposit waived. - Tri Retreading of old tyres - Maintenance and Repair service - benefit of Notification No. 12/2003-S.T., dated 20-6-2003 - prima facie case is against the assessee - stay granted partly. - Tri Condonation of delay in filing the appeal - assessee is not a company placed with experts advising - Assessee is only an individual which must be appreciated - Delay condoned - Tri Grossing up of the expenditure with TDS amount for claiming deduction - Non reimbursable tax paid to Master Cards/Visa Cards included under the head “Operating Expenses“ - Claim allowed - Tri It is not open to the Revenue to accept a judgement in the case of an assessee and challenge its correctness in the case of any other assessee without just cause. - Tri Income u/s 2(24) - exercising of voting rights in a particular fashion - to exercise voting rights is not the business of the assessee. - The receipt was not of recurring in nature - not taxable - Tri Wrong accounting entry - inadvertent mistake, merely an accounting entry which is subsequently corrected and explained cannot fasten the assessee with tax liability by assuming it to be an income whereas in realty the amount was by way of advance/ deposit. - Tri Transfer of right to use the goods - Exigible to sales tax -assessee(s) have not produced any document/agreement to show that the assessee(s) retained possession and control over the Cinematographic equipments leased out. - Levy of tax upheld - HC Interstate sale or not - CST - passive infrastructure provider - The fact that the goods purchased by the petitioners were neither sold nor used in the manufacture of goods for re-sale does not constitute violation of the C forms. - HC Cross-objections filed before Commissioner (Appeals) against service tax demand - whether be treated as an appeal filled? - Held No - Tri Exemption under Notification No.6/2002 to the goods manufactured at site of the construction for use in the construction work at such site and the goods supplied for use by the Railways, cannot be denied. - Tri Maintainability of settlement application – Despite the assessee informing the Commissioner, that it had paid the filing fee and would file the settlement application within a week, the Commissioner proceeded to pass an order in utter haste. - HC Recovery of service tax while appeal is pending before tribunal - recovery notice published in Daily News Paper ‘Dainik Bhaskar’ dated 28-1-2012 - writ petition dismissed. - HC First appellate authority rejected the appeal for non-compliance with the pre-deposit of 25% - the appellant is directed to deposit 25% of the service tax liability confirmed by the adjudicating authority. - Tri If the goods were not intercepted, the same would have been cleared without claiming the ownership as the actual owner of the goods viz. digital cameras and wrist watches. Therefore, the goods are liable for confiscation - Tri TDS u/s 194C(2) - payments made to the labourers through the Sardars/Munshis - the provision of section 194C do not apply to the payments/expenditures incurred by the assessee. - Tri    Left Stop Right
Income Tax - Case Laws
 

Income Tax


Cases for Section: 206C
 
Showing 1 to 15 of 61 Records
 

2012 (10) TMI 887 - ITAT AGRA

Agra Development Authority Versus Assistant Commissioner of Income-tax (TDS), Agra

Failure to collect tax at source (TCS) u/s 206C - Proper notice - wrong mention of provision in the notice – Held that:- Details were called for from the assessee, but the assessee instead of giving complete details filed an evasive reply and adopted ......

2012 (6) TMI 507 - MADHYA PRADESH HIGH COURT

Executive Engineer, PWD (NH) Division Versus Recovery Officer, TDS - II, Indore

Interest u/s 206C(7) - Tax collected at source paid by deductees (Contractors) - Evidence placed on record in reply to SCN - Held that:- Considering the provision contained in section 206C(7) and Circular dated 29.01.1997 it is clear that even if the ......

2011 (9) TMI 254 - KARNATAKA HIGH COURT

Sree Manjunatha Wines Versus Commissioner of Income-tax, Bangalore

Failure to Collection tax at Source (TCS) u/s 206C - sale of Indian Made Foreign Liquor to retailers - credit of TCS to buyer - Held that:- though assessee collects the tax and remit the money to the Government, the said amount remitted will be to t ......

2011 (6) TMI 399 - ITAT RAJKOT

Nathulal P. Lavti Versus Income-tax Officer (TDS)-3, Jamnagar

Tax collected at source - whether an assessee who imports scrap and sells them in the local market, could be brought under the purview of section 206C - assessee contended that they are only traders; they are not into any manufacturing activity which ......

2011 (3) TMI 1383 - Allahabad High Court

CIT Versus District Excise Officer

Whether order passed under sub sections (6) and (7) of Section 206C of the Income Tax Act is appealable under Section 246 of the Act - Department is that only those orders which are specified under Section 246 of the Act are appealable, further submi ......

2011 (3) TMI 80 - ALLAHABAD HIGH COURT

Commissioner Of Income Tax Muzaffarnagar Versus District Excise Officer Muzaffar Nagar

Collection of Tax at Soruce (TCS) - Purchase price for the purposes of section 206C - Licence fee - The assessee has not collected the tax at source on the licence fee i.e. the amount paid by the assessee to the State Government for parting with t ......

2011 (2) TMI 1110 - ITAT, Ahmedabad

Navine Fluorine International Ltd. Versus The A. C. I. T., TDS Circle

TDS - assessee has failed to collect tax at sources under section 206C (6) of the IT Act on sale of scrap and consequently of charging interest under section 206C (7) of the IT Act - Assessee stated that scrap to be covered under section 206 C of the ......

2010 (12) TMI 742 - Patna High Court

State of Bihar Versus Central Board of Direct Taxes

TCS u/s 206C - Obligation of state government to collect tax at source -large number of persons died on account of consumption of spurious country-made liquor - State Government was directed to take over the wholesale trade and business of country-ma ......

2009 (5) TMI 33 - MADHYA PRADESH HIGH COURT

Commissioner of Income Tax Bhopal Versus M/s Garg Trading Co.

Assessee offered income in respect of tendu patta business on the basis of provisions of S. 44AC – activity like collection of tendu leaves, pruning, prevention of diseases, plucking, arrangements of pudas at collection centres, drying, gradation of ......

2009 (4) TMI 20 - BOMBAY HIGH COURT

The Satpuda Tapi Parisar Sahakari Sakhar Karkhana Ltd. Versus Commissioner of Income-Tax Naasik

Seller of alcoholic liquor and other goods liable to collect from the buyer a sum equal to the percentages set out u/s 206C – interim relief granted by this Court whereby the petitioner herein was restrained from collecting the tax from the purchaser ......

2008 (5) TMI 332 - ITAT NAGPUR

Akola Municipal Corporation. Versus Income-tax Officer, Ward-2, Akola.

Collection Of Tax At Source ......

...........terest either in whole or in part in any parking lot or toll plaza to agent or any other person. Octroi so collected is neither for parking lot nor at toll plaza nor for mining or quarrying nor it was for the purpose of business, and, therefore, in our opinion, the collection of octroi by the agent appointed by the assessee-corporation would not fall in section 206C(1C) of the Income-tax Act, and consequently, there would not be any liability on the part of assessee to collect any tax. We, accordingly, vacate orders of CIT(A) as well as the Assessing Officer and allow appeal of the assessee. 15. In the result, assessee's appeals are allowed.

2007 (6) TMI 69 - HIGH COURT , MADRAS

COMMISSIONER OF INCOME-TAX Versus CHOLAMANDALAM INVESTMENT AND FINANCE CO. LTD.

Whether the assessee is entitled to interest on refund of tax paid u/s 140A made on self assessment, bringing the same within the purview of any other case u/s 244A(i)(b) - Held yes, the assessee is entitle to compensation by way of interest for dela ......

2006 (12) TMI 131 - PUNJAB AND HARYANA HIGH COURT

COMMISSIONER OF INCOME-TAX Versus VIRSA SINGH AND CO.

Assessee is a dealer in country liquor & holds L-13 licence, as wholesale dealer - demand raised for failure to collect tax as a whole-seller u/s 206C(6) - plea of assessee is that the tax had to be collected by the distillery from whom the assessee ......

2006 (4) TMI 76 - UTTARANCHAL High Court

Commissioner of Income-Tax And Another Versus District Excise Officer.

"Whether, the basic fee charged under the U.P. Excise Licences (Tender-cum-auction) Rules, 1991, is consideration for sale of liquor under the said rule and is taxable under section 206C of the Income-tax Act?" - Income-tax Officer (TDS) came to know ......

2006 (3) TMI 94 - KARNATAKA High Court

Excise Commissioner And Anothers Versus Mysore Sales International Limited And Others, Mysore Sugar Company Limited Versus Deputy Commissioner Of Income-Tax & Others, Mysore Sales International Ltd.

Collection of the tax at source from the buyers of goods of arrack - Applicability of section 206C to the contractors/buyers regarding their liability that they were required in law to pay tax to the appellant-companies at source for the relevant per ......

 
   
 
 
 

 

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