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Year 2014
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Showing 1851 to 1900 of 4657 Records
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July 22, 2014
I.Tax:
Claim of depreciation – Concept of block assets - assessee had not used the assets during the year under appeal - there is no evidence of use of assets - claim disallowed - AT
July 22, 2014
I.Tax:
Deduction u/s 43B – CIT (A) correctly allowed the payment on account of cane cess and bonus paid during the year by the assessee out of pre-existing liabilities - AT
July 22, 2014
I.Tax:
Assessee is having residence as well as office in the same premises and the lift is installed for the purpose and interest of his profession as well as non-professional...
July 21, 2014
S.Tax:
Denial of CENVAT Credit - Distribution of service tax through ISD - the credit, if taken wrongly, has to be recovered from the person who has taken credit. - AT
July 21, 2014
S.Tax:
SSP exemption - by using the promotional material provided by ICICI Bank Ltd., the Respondent cannot be treated as using the brand name of ICICI Bank Ltd. and providing...
July 21, 2014
S.Tax:
Imposition of penalty - excess utilization of Credit credit - what has happened is only an accounting error by the appellant and that mistake has been rectified by them...
July 21, 2014
S.Tax:
The liability to remit service tax under Section 73 A(2) does not arise on the basis of a mere permission in an agreement that the liability to compensate/reimburse to...
July 21, 2014
C.Ex.:
Power of tribunal to grant stay beyond the total period of 365 days -on expiry of maximum period of 180 days the assessee / appellant is required to submit application...
July 21, 2014
C.Ex.:
Exemption under Notification No. 56/2002-CE dated 14/11/02 - Renumbering of khasra numbers - area based exemption - assessee, for none of his fault, should not be...
July 21, 2014
C.Ex.:
Rebate / refund of duty - there was no endorsement of the subject ARE-1 No.48 dated 10/2/2009 on the Shipping Bill by the Customs Authority of the Port of Export -...
July 21, 2014
Cus.:
Levy of anti-dumping duty beyond five years - retrospective amendment - the initiation of sunset review is valid and legal; however the levy of anti-dumping duty...
July 21, 2014
Cus.:
Claim of duty drawback - condonation of delay in filing of supplementary claim - There was no reasonable cause which could justify condoning the delay and the reasons,...
July 21, 2014
Cus.:
Validity of the finding the appellant guilty and imposing penalty of ₹ 15 lakhs on the basis of the retracted confessional statements of the co-accused - Decided...
July 21, 2014
Cus.:
Suspension of the licence of the petitioner as custom broker - petitioner directed to surrender the licence when appeal is pending before the tribunal - order dated...
July 21, 2014
FEMA:
Condonation of delay - delay of 179 days - where the statute bars appeal beyond sixty days, the Court cannot condone the delay and entertain the appeal filed beyond sixty days. - HC
July 21, 2014
I.Tax:
Application of section 10B(7) r.w. section 80IA(10) - AO concluded that by taking the services of employees of the sister concern, the assessee had shown more than...
July 21, 2014
I.Tax:
Section 44BB, being industry specific was a special provision and would, thus, override the provisions of Section 44DA(1) in respect of income which fall within the...
July 21, 2014
I.Tax:
Validity of reassessment - amendment to sections 44DA and 44BB by the Finance Act, 2010 w.e.f. 01.04.2011 are prospective - re-assessment by taking cognizance of the...
July 21, 2014
I.Tax:
Deemed dividend u/s 2(22)(e) - Certain loans or advances were given by some companies to some other companies (concerns) of the same group and the assessee is having...
July 21, 2014
I.Tax:
Levy of penalty for wrong claim of deduction u/s 80IB - Write off of debit balance – additions were made since the advance given to a person which had no relation with...
July 21, 2014
Indian Laws:
Past Cenvat Credits - Last Chance? - Avail cenvat credit for the past period on or before 31.08.2014 - Article
July 19, 2014
S.Tax:
Even if it is a subsidiary company, as submitted by the learned counsel, a subsidiary company is considered as a separate entity in the eyes of law. Therefore GE ITC is...
July 19, 2014
S.Tax:
CENVAT Credit - Premises on which service is provided and credit is availed in its respect was not registered with the Department - assessee not registered as ISD -...
July 19, 2014
C.Ex.:
Recovery from the successor - respondent was not successor in business of M/s. Ganga Sagar & Company. They have purchased the Land & Machinery from MPFC in the year...
July 19, 2014
VAT:
Liability to tax - Exemption from tax - if iron and steel are subjected to a single point levy of tax at the first point of sale, then there is no question of a second...
July 19, 2014
VAT:
Valuation - expenditure incurred for deployment of own machineries and equipments in execution of the work and establishment expenditure are allowed as deduction - HC
July 19, 2014
I.Tax:
Expenses on cast reusable iron moulds – The short shelf life of the cast iron ingot moulds, which is to be purchased on regular basis as if it is a part of the stores...
July 19, 2014
I.Tax:
Depreciation on sale and lease back transaction – Not for sale sign affixed on assets - no material produced by the Revenue to show that the transaction of sale and...
July 19, 2014
I.Tax:
Indo-Malaysia Treaty – the entire profits derived from the transportation of goods carried on by the assessee is to be treated as profits from operation of ships and,...
July 19, 2014
I.Tax:
Linkedin Profiles to be taken as evidence or not - The Linkedin profiles are in the nature of admissions of persons on their job profile. The data is in pubic domain. - admitted - AT
July 19, 2014
I.Tax:
Expenses on scholarship paid for charitable purposes – there was no genuine process of selection/interview and it was all manipulation made by the assessee society -...
July 19, 2014
I.Tax:
Transfer pricing adjustments - Supply of hardware to Indian customers – assessee constitutes Permanent Establishment in India in terms of Article 5 of the DTAC-...
July 19, 2014
I.Tax:
Deduction u/s 80IB - AO to examine the nexus between the borrowed money and money utilized for the purpose of earning interest income - AT
July 19, 2014
I.Tax:
Transfer pricing adjustment – Unutilized share application money beyond 60 days treated as loan – it was unreasonable and inappropriate to treat the transaction as...
July 18, 2014
S.Tax:
As the appellant failed to comply with the conditional order passed by the Tribunal, the Tribunal has, in our considered opinion, rightly dismissed the appeal for...
July 18, 2014
S.Tax:
Refusal to reimbursement of service tax by the recipient of service - mutual contract - action of the respondent-BCCL in issuing the corrigendum/amendment is not arbitrary - HC
July 18, 2014
S.Tax:
Extended period of limitation - The Department itself had at one stage conveyed to the assessee that service in question was not taxable service. Though subsequently...
July 18, 2014
C.Ex.:
Denial of CENVAT credit - Revenue’s allegation as regards non-receipt of inputs cannot be upheld in as much as the appellants could not have manufactured their final...
July 18, 2014
Cus.:
Suspension of CHA licence - procedure - it is not open to the appellant/Revenue to take a contra stand in respect of the time limit prescribed under Regulation 22 of CHALR, 2004. - HC
July 18, 2014
VAT:
Levy of tax - There was a transaction of cross transfer of property between the defective compressor and the repaired compressor - the transaction is not taxable - HC
July 18, 2014
VAT:
Deduction of tax at source - deemed sale - transfer of right to use -services in the field of information and technology - activity is not taxable - HC
July 18, 2014
I.Tax:
Penalty u/s 271(1)(c) - the fact that assessee has furnished inaccurate particulars for the purpose of determining the tax u/s 115JB stands established - penalty confirmed - HC
July 18, 2014
I.Tax:
Reopening of assessment u/s 148 - the reopening of assessment on the basis of receipt shown in the TDS certificate is not sustainable in law - HC
July 18, 2014
I.Tax:
Jurisdiction of CIT u/s 263 - 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...
July 18, 2014
I.Tax:
Carry forward of business loss – Assessment u/s 153A - Non filing of return u/s 139(1) - assessee is not supposed to file its return of income u/s 139(1) of the Act...
July 18, 2014
I.Tax:
Without recording satisfaction note by the AO initiating proceedings for completion of assessment u/s. 153A of the Act cannot be proceeded u/s. 153C of the Act in the...
July 18, 2014
I.Tax:
The issues raised in additional grounds are the legal issues which go to the root of the matter and for deciding these legal issues no new facts are required to be...
July 18, 2014
I.Tax:
AO absolutely closed his eyes for the reasons best known to him and accepted the admitted income at the face of the return which necessitated the CIT to exercise his...
July 18, 2014
I.Tax:
Levy of penalty u/s 271(1)(c) - the conduct of the assessee is far from bona fide and there was a clear-cut strategy to not only evade taxes, but also to file...
July 17, 2014
S.Tax:
Violation of principle of natural justice - Relied upon documents by Revenue in the order-in-original were not provided to appellants - matter remanded back - AT
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: Validity of assessment order - The court noted that the audit observat...
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: Validity of reduction of fine and penalty - Jurisdiction of appellate ...
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: Reopening of Assessment u/s 147 - investment in NCDs unexplained - dif...
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: Validity of special audit u/s 142(2A) - The Jharkhand High Court uphel...
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: Addition u/s 68/69A/69B and taxed the same u/s 115BBE - Surrendered in...
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: Set off of loss against income referred to in section 68 r/w.s115BBE -...
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: Addition u/s 69B r.w.s.115BBE - during the course of survey action dis...
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