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Showing 1801 to 1850 of 4657 Records
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July 27, 2014
S.Tax:
When pipes are handed over to farmers for use, it is natural that the assessee will not have control over its use that transfer of goods involve transfer of possession...
July 27, 2014
C.Ex.:
Job Work - SSI units - duty liability on the manufactured goods, which come into existence and are captively consumed for which exemption is not available under SSI exemption - AT
July 27, 2014
C.Ex.:
Clandestine clearance - onus to prove - Once the application or proceedings before the Settlement Commission fails, the Central Excise Officer is required to adjudicate...
July 27, 2014
C.Ex.:
Waiver of pre-deposit - tribunal to consider prima-facie case or to study the matter in detail in stay application - order of the tribunal on merit is not correct - HC
July 27, 2014
C.Ex.:
Confirmation of demand without issuance of Show Cause Notice - Matter remanded back to the adjudicating authority to decide the issue with an independent mind - HC
July 27, 2014
Cus.:
Refund - There was no need for them to have waited for the survey report before filing the refund claim under Section 27 of the Customs Act, 1962 - refund rejected on...
July 27, 2014
VAT:
Appellants are entitled to deduction claimed for with regard to the discount allowed by them as a retailer based on ordinary trade practice by way of issuing credit note...
July 27, 2014
VAT:
Recovery of tax - Crystallization of demand is pending - respondents / revenue shall return three cheques collected from the petitioner to them - HC
July 27, 2014
I.Tax:
TDS u/s 194A - no parity can be drawn between interest accruing to SRF a/c and the withdrawals made u/s 33ABA(5) which are assessable as business income - No TDS required - AT
July 27, 2014
I.Tax:
Foreign exchange system services provided - Article 13 Indo-UK DTAA – once the receipt has been decided as royalty in nature then there is no need to go into the...
July 27, 2014
I.Tax:
The rent received by the assessee is more than the municipal rateable value - the rent received by the assessee has to be taken as the Annual value u/s 23 of the Act - AT
July 25, 2014
S.Tax:
Utilization of cenvat credit by the respondents earned on the inputs received for manufacture of excisable goods towards payment of service tax for Business Auxiliary...
July 25, 2014
S.Tax:
Transportation of effluent through pipeline or conduit - as the effluent can not be considered as goods, not service tax would be levied - AT
July 25, 2014
S.Tax:
Clim of refund by the recipient of services - excess service tax was paid by the service provider - The fact that the assessee has not passed on the burden has been...
July 25, 2014
C.Ex.:
Waiver of pre-deposit - For a hardship to be undue it must be shown that the particular burden to observe or perform the requirement is out of proportion to the nature...
July 25, 2014
C.Ex.:
Refund of duty paid by the supplier of goods - locus standi - petitioner (GPL) being buyer of the gas has filed instead of filing refund claim filed an appeal before the...
July 25, 2014
C.Ex.:
It is appropriate that interest at the rate of 8% be granted to the petitioner on the refund sanctioned by the authority from the expiry of three months from the date...
July 25, 2014
C.Ex.:
Extension of stay - third proviso to sub-section (2A) of Section 35C - power to extend the stay beyond the period that has been prescribed - stay extended - HC
July 25, 2014
Cus.:
Classification - import of Lighting fitting Compact Recessed Down light - goods imported neither being search light nor spot light, according to HSN notes those are...
July 25, 2014
VAT:
Challenge to the clarification of the first respondent in Reference - powers to issue a circular or clarification under the TNVAT Act - respondent has no powers to...
July 25, 2014
I.Tax:
Unexplained investment – Valuation of property – The task of the DVO in the circumstances became crucial, he could not have indulged an arm chair exercise by merely...
July 25, 2014
I.Tax:
Rejection of application u/s 12AA – Dissolution clause not included in Trust deed - DIT(E) has not recorded any adverse comment or dis-satisfaction about the object of...
July 25, 2014
I.Tax:
Once the assessee claims that the actual market value of the land or building is less than stamp duty valuation adopted by the authorities u/s 50C, it is incumbent upon...
July 25, 2014
I.Tax:
Transfer pricing adjustment – - both the Assessee as well as TPO failed to discharge their respective onus and duties to determine the ALP in respect of lease rentals...
July 25, 2014
I.Tax:
Unexplained capital contribution by partners – additions not confirmed - AT
July 25, 2014
I.Tax:
Depreciation on property – income earned may be assessable to tax under the head ‘property income’ but the fact remains that the assessee was engaged in a business...
July 25, 2014
I.Tax:
Addition on the basis of AIR information - When the assessee has contradicted the AIR information, it is a duty of the authorities below to prove that the payment has...
July 25, 2014
I.Tax:
Non-deduction of TDS - the lease premium paid by the assessee to MMRDA not being in the nature of rent as contemplated in section 194-I of the Act - TDS not required - AT
July 24, 2014
S.Tax:
Health and Fitness service - sale of booklet - activity of teaching the art of yoga - ppellants are clearly providing a service as covered under ‘health and fitness service' - AT
July 24, 2014
S.Tax:
Reversal of wrongly taken credit done - whether interest is chargeable from the date when it was taken upto the date of its reversal - demand of interest set aside - AT
July 24, 2014
S.Tax:
Security services provided by Superintendent of police - service provided for IPL match - Payment not received - stay granted - AT
July 24, 2014
Cus.:
Import of car subject to actual user condition - revenue contended that car imported under EPCG scheme was registered as private vehicle in non-transport/non commercial...
July 24, 2014
VAT:
Levy of tax on import of goods - liability to pay tax arises on the entry of the dumpers into the State and the liability gets fastened on the person who brings the same...
July 24, 2014
I.Tax:
One time vehicle tax paid on purchase of vehicle - the tax levied by the Act would form part of the actual cost of the motor car, a capital asset, on which the same is...
July 24, 2014
I.Tax:
Acquisition of brand - Payment made for Legal and professional fees – expenditure were in the nature of revenue and could not be disallowed as capital expenditure - AT
July 24, 2014
I.Tax:
Expenses on purchase on new items - Acquisition of new assets for replacement of existing assets as current repairs - 10% of items listed by the AO are held to be of capital - AT
July 23, 2014
I.Tax:
Exemption u/s 10B - Transfer or sale of undertaking -The successor would be entitled to benefit of the unexpired period of five years provided the undertaking was taken...
July 23, 2014
I.Tax:
Sale of property - adoption of value as per stamp value u/s 50C - applicability of provision of section 50C to section 69 - AO should have referred the issue of...
July 23, 2014
I.Tax:
FBT – Single contribution towards pension fund made for all its employees - contribution made to the fund under this benefit scheme cannot be considered as the amount to...
July 23, 2014
I.Tax:
Wharfage/port dues - whether in the nature of tax, duty, cess or fee u/s 43B – section 43B of the Act is not attracted in the case - AT
July 23, 2014
I.Tax:
Deduction u/s 10B(7) r.w. section 80IA(10) – reimbursement of cost of employees of PCEPL which were hired by assessee (PEPL) for doing the work - deduction cannot be denied - AT
July 23, 2014
I.Tax:
When the very basis of levy is subject matter of appeal, the CIT could not have invoke the jurisdiction u/s 263 in opining that higher amount should have been considered...
July 22, 2014
S.Tax:
Revision of an order passed after remand back of the order by the Commissioner (appeal) to the adjudicating authority - action of revision is not correct as per law - AT
July 22, 2014
C.Ex.:
Denial of refund claim - accumulated credit availed on input service - it is the appellants who have suffered the loss because of the delay in obtaining registration -...
July 22, 2014
Cus.:
Conditions for provisionally release the goods, viz., electronic components - perishable goods - release of goods ordered subject to certain conditions - HC
July 22, 2014
Cus.:
Suspension of licence as custom broker - opportunity grated to the petition to file an appeal before CESTAT, tribunal to consider the matter on merits of the case. - HC
July 22, 2014
VAT:
Levy of Luxury Tax - charitable trust - running a Dharmashala incidental to its main activity of running a hospital - not liable to luxury tax - HC
July 22, 2014
VAT:
Eligibility to input tax credit - goods destroyed in flood - dealer shall be entitled to input tax credit on the goods destroyed in flood. However, subject to rider that...
July 22, 2014
I.Tax:
Validity of order u/s 127(1) and (2) – Power to transfer cases – no opportunity of hearing was provided and consequently the order of CIT cannot be sustained and is quashed- HC
July 22, 2014
I.Tax:
Penalty u/s 271(1)(c) - claiming revenue loss on sale of fixed assets – If the assessee makes a claim which is not only incorrect in law but is also wholly without any...
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: AO/CPC jurisdiction u/s 143(1) to carry out 43B(a) disallowance - The ...
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