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Year 2014
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Showing 3251 to 3300 of 4657 Records
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April 3, 2014
C.Ex.:
CENVAT Credit - Bogus invoices - Interest - Commissioner set aside interest - . Once it is proved that credit has been fraudulently availed on fake invoices, credit has...
April 3, 2014
C.Ex.:
Duty demand - Discrepancy in RG-1 Register - Shortage in goods - charges of clandestine activities are required to be upheld on the basis of sufficient cogent reasons...
April 3, 2014
C.Ex.:
CENVAT Credit - Whether the excess credit lying in the books of accounts of the appellant can be transferred when the factory is shifted from one site to another, even...
April 3, 2014
Cus.:
Waiver of Demurrage/detention charges – Even in cases of mis-declaration, undervaluation and concealment, the certificates are being issued - This is clearly giving...
April 3, 2014
Cus.:
Conviction and sentence – movement of opium - Whether association of public witness mandatory – The NCB cannot be held responsible for not producing them in the witness box - HC
April 3, 2014
Cus.:
Release seized goods – If the application was actually made and inwarded, it is a matter of serious concern why the same did not reach the Commissioner and it is...
April 3, 2014
VAT:
Whether notification dated 31.3.86 issued under the U.P. Sales Tax Act, 1948 can be treated to be notification u/s 19(3) of U.P. VAT Act, 2008 – Taking of cash security...
April 3, 2014
VAT:
Liability to pay Entry tax - The price on which the goods are sold by assessee to its ultimate consumers inside local area cannot be taken as “value of goods“ for the...
April 2, 2014
I.Tax:
Stay of recovery of demand - Tribunal has granted partial relief staying 50% of tax liabilaity as determined by AO - Total demand is Rs. 2,57,57,53,13 - further relief denied - HC
April 2, 2014
I.Tax:
Deduction u/s 80-O – Foreign receipts - applicant represented the remuneration of the work which the company had done for a foreign client in India - assessee is not...
April 2, 2014
I.Tax:
Direction of special audit challenged – AO are not Chartered Accountants and when required and permissible, can take help and assistance from the qualified specialists...
April 2, 2014
I.Tax:
Onus to prove – the revenue has to prove the existence of a fact that undervaluation of asset was made by the assessee - When that fact is proved, the burden shifts to...
April 2, 2014
I.Tax:
Deduction u/s 80IB(10) - Mere sale of open land or unused FSI as part of the housing project where utilization of the FSI is way short of permissible limits cannot be...
April 2, 2014
I.Tax:
Exemption u/s 54F - Mere non residential use subsequently would not render the property ineligible for benefit u/s.54F, if it is otherwise a residential property - AT
April 2, 2014
I.Tax:
Penalty u/s 271D – Violation of Provisions – levy of penalty where loans/deposits are genuine - Assessee could not justify byepassing of banking channels - Being 'sick...
April 2, 2014
I.Tax:
Deletion of disallowance of labour charges – assessee could not substantiate with corroborative evidences the genuineness of the cash components of the labour charges -...
April 2, 2014
S.Tax:
Waiver of pre deposit - excavation for foundation in soil & soft rock including tree removing. - activity would be squarely covered by the definition of ‘Site...
April 2, 2014
S.Tax:
Demand of service tax - providing security services to other group companies - No profit motive - Bonafide belief is not blind belief but has to be based on reasonable...
April 2, 2014
C.Ex.:
100% EOU - Appellant shall be required to furnish such evidence as may be required by learned adjudicating authority to satisfy him that appellant was not enriched at...
April 2, 2014
C.Ex.:
CENVAT credit - Goods become exempted after taking cenvat credit - Demand of 8% of the price of exempted goods under Rule 6(3) - This reversal done by the respondent is...
April 2, 2014
C.Ex.:
Benefit of Notification No.10/97-CE dated 1.3.97 - Production of requisite certificate - applicants are manufacturers of optical fibre & optical fibre cables and they...
April 2, 2014
C.Ex.:
Clandestine removal of goods - appellant was caught red handed in clearing two winch machines - appellant have recovered more duty from their buyer and have paid less to...
April 2, 2014
Cus.:
Waiver of pre-deposit - Classification dispute - import of various information technology goods including Facsimile machines -Prima facie demand is barred by limitatio - AT
April 2, 2014
VAT:
Eligibility clause in relation to an exemption notification is given strict meaning - however, once an assessee satisfies the eligibility clause, the exemption clause...
April 2, 2014
VAT:
Environment and health cess - Retrospective effect of notification is valid only when it has been issued within legislative powers - The words “time to time” does not...
April 1, 2014
I.Tax:
Block Assessment - satisfaction note is sine qua non and must be prepared by the AO before he transmits the records to the other AO who has jurisdiction over such other person - SC
April 1, 2014
I.Tax:
Taxability of income – Scope of section 2(24) of the Act – Interest income - State Government is not so defunct that it may knee down before the purchasers of the...
April 1, 2014
I.Tax:
The contention of the Revenue that in computing the deduction u/s 10A the addition made on account of the disallowance of the provident fund/ESIC payments ought to be...
April 1, 2014
I.Tax:
Jurisdiction to continue reassessment u/s 147/ 148 - instead of filing return, challenge to the jurisdiction on the ground that it had no taxable income cannot be entertained - HC
April 1, 2014
I.Tax:
Notional rental income vacant/leased properties - in case of the assessee where the property remained vacant then the ALV of such property will be Nil- AT
April 1, 2014
I.Tax:
Indexed Cost – assessees right to receive the flats have been accrued to them on 26.09.1986 itself i.e., the original date of agreement - no justification in adopting...
April 1, 2014
I.Tax:
Just because there is a shortfall in declaring the income after claiming statutory deductions, the same cannot be considered as shortfall in declaration of the income - AT
April 1, 2014
I.Tax:
Allowability of Turnover discount and Service discount – Assessee has not produced any evidence to show that the discounts was also allowed to other parties in the past...
April 1, 2014
S.Tax:
Demand of service tax - Supply of manpower - Appellant's activity comes within the purview of supply of manpower on or after 16/06/2005 - AT
April 1, 2014
C.Ex.:
Jurisdiction of Tribunal - Reduction of penalty - Penalty u/s 11AC - In a case where penalty is leviable under section 11AC on fulfilment of the conditions as...
April 1, 2014
C.Ex.:
CENVAT Credit - simultaneous manufacturing and trading activity - whether trading activity is exempt service - demand confirmed invoking the extended period of limitation - AT
April 1, 2014
C.Ex.:
Quantum of penalty - Company had not approached the BIFR for honest purpose, but sought to pursue the proceedings under SICA 1985 as a cover to stall the legitimate...
April 1, 2014
C.Ex.:
Reversal of CENVAT Credit - Value of goods written off in books of accounts - during the relevant time rules did not require reversal of credit when value of inputs was...
April 1, 2014
C.Ex.:
CENVAT Credit - GTA services - the credit of the Service tax paid on the transportation up to such place of sale would be admissible, if delivery of goods at destination is proved - AT
April 1, 2014
C.Ex.:
Denial of CENVAT Credit - Denial on the ground that the activity undertaken by them on the said batteries does not amount to manufacture - prima facie case is in favor of assessee - AT
April 1, 2014
Cus.:
Refund - Assessment of bill of entry has not been challenged - it is case where the Bill of Entry was assessed but the goods have not been received by the appellant -...
April 1, 2014
Cus.:
Prohibition to function as a Customs Broker within his jurisdiction - Regulation 23 of CBLR, 2013 - the appeal against the order of prohibition does not lie before this Tribunal - AT
April 1, 2014
VAT:
Heavy condition of Security – Considering the turnover of the assessee and the probable tax liability, condition of security deposit of Rs. 10 lakhs is too harsh in...
April 1, 2014
VAT:
Imposition of entry tax - Importation of natural gas - ‘Sale price' of the goods by importer, inside the local area, cannot be identified as “value of goods“ under Act - HC
March 31, 2014
I.Tax:
So long as the ingredients of section 147 are fulfilled, the AO is free to initiate proceeding u/s 147 and failure to take steps u/s 143(3) will not render the AO...
March 31, 2014
I.Tax:
Allowability of deduction – Delayed payment of PF & ESIC - By deleting Second Proviso to section 43B by Finance Act, 2003, it cannot be said that Section 36(1) (va) is...
March 31, 2014
I.Tax:
Taxability pertaining to retention money - Whether income did accrue or not would depend on the fact whether the right to receive said amount had accrued or not - Merely...
March 31, 2014
I.Tax:
Reassessment - If a particular issue is brought to the notice of the AO by the audit party and the AO of his/her application of mind finds that the ground is valid,...
March 31, 2014
I.Tax:
Depreciation u/s 32(1)- assessee got into possession of the unit/industrial undertaking from Wipro by virtue of the Agreement to sale and since then, is in possession...
March 31, 2014
I.Tax:
The issue did not form part of the show cause notice and the assessee was not even confronted with it, even before the CIT, it cannot for the basis for revision of the...
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: Validity of Assessment Order u/s 143(3) once the Resolution Plan is ap...
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