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Showing 2051 to 2100 of 4657 Records
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July 7, 2014
I.Tax:
Payments for the equipment and spare parts – Royalty u/s 9(1)(vi) - there is no transfer of rights - not taxable as royalty - HC
July 7, 2014
I.Tax:
Expenditure u/s 37 of the Act - Remuneration and training of working director – assessee could not substantiate the contentions - additions confirmed - HC
July 7, 2014
I.Tax:
Addition u/s 69C – Unexplained expenditure - only because parties has given a different accounting treatment in its books of account, it cannot be said that the assessee...
July 7, 2014
I.Tax:
Income on account of interest treated as income from other sources – Disallowance of remuneration to partners from interest income - deduction allowed considering as...
July 5, 2014
S.Tax:
Condonation of delay - mis-placement of the records in the office of the assessee cannot be a sufficient ground for condonation of delay. - AT
July 5, 2014
S.Tax:
Extension of stay granted - Waiver of pre deposit and stay of recovery are two different aspects - order of waiver is not subject to the provisions of Section 35C(2A) - AT
July 5, 2014
S.Tax:
Penalty u/s 76 & 78 - waiver of penalty u/s 80 - C&F Service - inclusion of reimbursements of expenses - there were divergent views on the issue - penalty waived - AT
July 5, 2014
S.Tax:
Demand is in respect of the amounts which were received as donations - Club & Association service - As the appellants had not co-operated with the adjudicating authority...
July 5, 2014
C.Ex.:
CENVAT Credit - assesee is paying 8% of the value of exempted goods - Cenvat credit cannot be disallowed if an assessee manufactures only exempted goods for a part of...
July 5, 2014
C.Ex.:
Waiver of pre deposit - cenvat credit - duty paying documents - supplementary invoice - payment of duty due to fraud, suppression of facts etc. - prima facie case is...
July 5, 2014
C.Ex.:
Classification of goods - Chocolate hub - product chocolate clubs would be properly classifiable under heading 1905.90 - AT
July 5, 2014
C.Ex.:
Cenvat credit - timing of availing the balance 50% of credit on capital goods - the expressions “possession” and “use” had to be read together and once the goods are...
July 5, 2014
C.Ex.:
Suo moto availing of credit - there was nothing wrong in taking of suo motu credit after getting favourable orders from CESTAT, when unjust enrichment is not applicable - AT
July 5, 2014
C.Ex.:
CENVAT Credit - Nexus with manufacturing activity - denial of Cenvat credit in respect of the service availed for maintenance of lawn and green belt also not sustainable - AT
July 5, 2014
Cus.:
Denial of refund claim of SAD - Invoices did not contain certificate stating no credit of additional duty of customs levied u/s 3(5) of Customs Act, 1975 shall be...
July 5, 2014
VAT:
Development of residential complexes - Matter remanded back to find out what is the object of the business of the revisionist, i.e. whether it is engaged in sale or in...
July 5, 2014
I.Tax:
Invocation of section 145(3) - existence of infirmities and discrepancies in the accounts maintained by the assessee was a pre-requisite for invoking the provisions of Section 145 - HC
July 5, 2014
I.Tax:
Claim of deduction u/s 54 of the Act - Two flats acquired under different agreements though single kitchen and used as one single unit - exemption allowed - HC
July 5, 2014
I.Tax:
Interest subsidy received under the Technology Upgradation Fund Scheme – utilized for repayment of loans taken by the assessee to set up the new unit - held as capital in nature - AT
July 5, 2014
I.Tax:
No disallowance u/s 40(a)(i) can be made on the payment of interest paid to the head office / overseas branches as the same is not taxable, being payment to self on the...
July 5, 2014
I.Tax:
ESOP expenses u/s 37 of the Act - discount on issue of Employee Stock Option is an allowable deduction in computing the income under the head ‘Profit and gains of...
July 5, 2014
I.Tax:
Depreciation on aircrafts @ 40% - revenue has not been able to bring on record any of the cases wherein such aircraft has been considered by them eligible for...
July 5, 2014
I.Tax:
Block assessment - In the absence of existence of any cogent material which demonstrates the undisclosed income belonging to the person other than the searched person,...
July 4, 2014
S.Tax:
Classification - Convention center service or Mandap Keeper Service - appellant rented out a Conference Hall (Banquet Hall) for meetings/conferences/assembly - demand set aside - AT
July 4, 2014
S.Tax:
Business Auxiliary service or not - Buy and sell of Compressed Natural Gas (CNG) - mere mention in the agreement the trade margin as commission on which VAT/ST has been...
July 4, 2014
S.Tax:
Denial of refind claim - appellants are admitting their mistake by stating that the correct notification should have been notfn. no. 18/2009-ST - matter remanded back - AT
July 4, 2014
S.Tax:
Rate of service tax - Hire purchase - the installment payments are only obligations of the hirer - the contention that appellant continues to provide service during the...
July 4, 2014
C.Ex.:
Refund - differential duty was paid on finalization of provisional assessee - later the issue was decided in favor of assessee - period of limitation not applicable -...
July 4, 2014
C.Ex.:
Refund of amount deposited during investigation when no SCN was issued - the amount cannot be considered as duty and the provisions of Section 11B of the Central Excise...
July 4, 2014
C.Ex.:
Clandestine removal of goods - excess generation of waste on manufacture of bottles - charges of clandestine removal cannot be upheld on the basis of assumptions and presumptions - AT
July 4, 2014
C.Ex.:
Classification - Chapter 49 or 94 - vinyl cut graphics, vinyl self-adhesive stickers and translates - cannot be considered as parts of signboards - these are products of...
July 4, 2014
C.Ex.:
Unjust enrichment - MRP based goods - claim of refund on the ground that, excess duty was paid due to clerical mistake - appellant had not charged anything extra over...
July 4, 2014
C.Ex.:
CENVAT credit - Trading activity - Duty demand - Knowledge/awareness of the department is not a relevant factor for invoking extended period of time - prima facie case...
July 4, 2014
Cus.:
Recovery of duty from the agent - merely because no penalty was imposed on the Appellant, it cannot be a ground for non-recovery of dues from the Appellant, if provided...
July 4, 2014
Cus.:
Denial of Refund claim - excess duty paid at the time of import by them did not form part of the cost of production and they have passed the bar of unjust enrichment -...
July 4, 2014
VAT:
Valuation - works contract - construction of complex / flats - Deduction of land cost - land cost allowed to be deducted - HC
July 4, 2014
VAT:
Imposition of penalty under Section 53(12) - Tribunal has committed a serious error in modifying the order of the Joint Commissioner of Commercial Taxes, which had...
July 4, 2014
I.Tax:
Deemed dividend u/s 2(22)(e) - circuitous transaction – Loan or advance - transaction essentially carried out is not falling u/s 2(22)(e) - two decisions of SC relied...
July 4, 2014
I.Tax:
Violation of section 269SS – Cash accepted exceeding the limit – The identity of those persons has also been well established - assessee also had given satisfactory...
July 4, 2014
I.Tax:
After allowing depreciation, unabsorbed loss and unabsorbed depreciation, there was no positive income - the assessee was not entitled to any deduction u/s 80HH & 80I of the Act - HC
July 4, 2014
I.Tax:
Levy of capital gains – Sale of land - agricultural land or Non-agricultural land – physical verification of the land will clinch the issue without any doubt, so that...
July 4, 2014
I.Tax:
Claim of exemption u/s 54F – amount advanced to his wife towards purchase of the property - assessee has 50% ownership over the property - exemption allowed - AT
July 4, 2014
I.Tax:
Confirmation of additions on account of share application money - Unsecured loan – there have proper sources for the amounts invested in the company –the AO is directed...
July 4, 2014
I.Tax:
Unexplained money u/s 69A - ssessee has clearly stated that the bank officials have refused to divulge the information about the clients - AO should have carried out the...
July 3, 2014
S.Tax:
Erection and commissioning service - Tax collected but not paid - since the taxes have been collected, there is no merit in the contention that the activity of the...
July 3, 2014
S.Tax:
Nature of service - agreement with their principal to do certain work with the help of their assurance of production of big mill and small mill and the payment of the...
July 3, 2014
S.Tax:
Valuation - repair and maintenance of the transformers - composite contract or not - appellants paid service tax only on the ‘Labour Charges' - no service tax would be...
July 3, 2014
S.Tax:
Suo moto adjustment of excess service tax paid - excess payment is not in dispute and same has been adjusted for the future liability of Service Tax by the appellant - AT
July 3, 2014
C.Ex.:
100% EOU - DTA clearance of cut flowers - goods produced in an EoU cannot be treated as imported goods and only excise duty under Section 3 of the Central Excise Act is...
July 3, 2014
C.Ex.:
CENVAT Credit - denial of credit since the matter settles by settlement commission applying the provision of Rule 9(1)(b) - whether duty can be held as paid due to...
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: Levy of penalty - goods were undervalued - The High Court, after caref...
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: Levy of Penalty u/s 129(3) of the Central Goods and Service Tax Act, 2...
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: Levy of GST - Royalty- seigniorage fee paid by the petitioner to the G...
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: Foreign Tax Credit u/s. 90 - denial of tax credit paid in the source c...
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