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Highlights / Annotations / Catch Notes For October of 2014
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Highlights
October
October 2014
Year 2014
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Showing 151 to 200 of 323 Records
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October 17, 2014
I.Tax:
Depreciation - assessee treated the acquisition of goodwill as technical know how - intangible assets - since imparting of education in school cannot be equated with the...
October 17, 2014
I.Tax:
Penalty u/s 271AAA in case of search – Provisions of clause (2) of explanation 5 appended to section 271(1)(c) are similar to immunity granted to assessee under clause...
October 17, 2014
Wealth-tax:
Valuation of property - Section 2(ea) of Wealth Tax Act, 1957 - whether security taken for lease of asset would be treated as debt - held No - AT
October 16, 2014
S.Tax:
Excess payment of service tax and its subsequent adjustment - Substantial benefit cannot be denied in such cases merely because some aspects of the procedure had not been followed - AT
October 16, 2014
S.Tax:
Activity of safe keeping of gold in its vaults - prima facie the provisions of Rule 6(2)(iv) of Service Tax (Determination of Value) Rules 2006 will apply not only to...
October 16, 2014
S.Tax:
Steamer Agent Service - services were rendered to a shipping line and payment was received from shipping line. That being the case, prima facie, the demand under the...
October 16, 2014
C.Ex.:
100% EOU - Disallowance of the credit of Education Cess and Secondary & Higher Secondary Cess as per the formula prescribed in Rule 3(7)of CCR - the disputed goods were...
October 16, 2014
C.Ex.:
SSI exemption - brand name of others - The container of the product exhibited to us carries symbol and name of market leader M/s. Infra Drugs and Chemicals which is a...
October 16, 2014
C.Ex.:
Denial of refund claim on the ground that said deposit cannot be held to be pre-deposit inasmuch as the same was adjusted against sanctioned refund claim - Revenue...
October 16, 2014
I.Tax:
Rejection of grant of certificate for registration u/s 10(23C)(vi) – Merely because some profit arises from its activity will not mean that the predominant object of the...
October 16, 2014
I.Tax:
The interest cannot be capitalized which was paid after the slump sale was effected and the factory was in operation, and therefore, expenses were revenue in nature - HC
October 16, 2014
I.Tax:
Once the refund of the amount collected towards advance tax and the correspondent interest are paid in compliance with the direction issued by a Court, an assessee...
October 16, 2014
I.Tax:
Block assessment u/s 158BC – Section 153 (2A) of the Act is attracted to an order for fresh assessment to be passed under Chapter XIV B of the Act in pursuance of the...
October 16, 2014
I.Tax:
Levy of penalty u/s 271(1)(c) - Claim of depreciation on leased assets - The transactions entered into by the assessee were sham and bogus transactions which were...
October 16, 2014
I.Tax:
Profit from own chity investment - the addition made by the AO on estimate basis towards profit from own chity investment was not justifiable - AT
October 16, 2014
I.Tax:
Denial of claim of exemption u/s 80P(2)(a)(i) – Letting out of surplus space in the building owned and used by the assessee is not such an activity falling under clause...
October 16, 2014
I.Tax:
Prior period expenses – merely because an expense relates to a transaction of an earlier year, it does not become a liability payable in the earlier year unless it can...
October 15, 2014
S.Tax:
Delay in filing of returns - Imposition of penalty - April 2008 to March 2011 - in respect of six returns, the maximum penalty that could have been imposed was only...
October 15, 2014
S.Tax:
Works contract service - According to the dictionary meaning, ‘in respect’ and ‘in relation to’ are the same. - it has to be considered as a part of the airport and the...
October 15, 2014
S.Tax:
Sub-contractors are also liable to pay service tax, notwithstanding the fact that the main contractor might have discharged the service tax liability. - prima facie case...
October 15, 2014
C.Ex.:
Denial of refund claim - short supply of goods - whatever amount they have received less from the buyer, they are entitled to take refund of the duty component involved...
October 15, 2014
C.Ex.:
Levy of duty on quality control samples - preserved samples - control samples retained in factory is not liable to duty if proper account is maintained. - AT
October 15, 2014
C.Ex.:
Classification of goods - prima facie after amendment to 48 by Chapter Note 14, the ATM Rolls would merit classification under Chapter 48 and prior to amendment the...
October 15, 2014
C.Ex.:
Cenvat credit - Receipt of rejected goods - prescribed records - it is not the case of the department that the records maintained are not sufficient but it is their...
October 15, 2014
Cus.:
100% EOU - there is no allegation that the raw material which is procured without payment of duty is diverted or not used within the 100% EOU as the research and...
October 15, 2014
Co.Law:
Priority of Crown debts - whether the lien under Rule 43 is a statutory lien or is a lien arising out of agreement does not make much of a difference as the Stock...
October 15, 2014
I.Tax:
Whether the expenses incurred on advertisement and publicity incurred wholly for the benefit of the assessee or it benefited the principal who was an associated...
October 15, 2014
I.Tax:
Expenses on prototype development expenses u/s 36(1)(iv) - Revenue or Capital expenses - The test of enduring benefit is not a certain or conclusive test and it cannot...
October 15, 2014
I.Tax:
Provision for liquidity damages disallowed - The liability crystallized with the occurrence of event of delay in the execution of contract - deduction of claim allowed as accrued - AT
October 15, 2014
I.Tax:
100% EOU - None of the Government authority has disputed that the assessee has not started commercial production on that date - the assessee is entitled for exemption...
October 15, 2014
I.Tax:
On the basis of the material which was available at the time of the assessment, re-opening of the assessment, will not be permissible as the reasons cannot be regarded...
October 15, 2014
I.Tax:
Exemption u/s 10A – t only the assessee knows whether it was expansion or a new undertaking and having led the department to accept that it is an expansion it cannot now...
October 15, 2014
I.Tax:
Arm's Length Price adjustment on international transaction – selection of comparable - if abnormal loss making companies are excluded abnormal profit making companies...
October 15, 2014
I.Tax:
Deduction u/s 80P – it cannot be said that the Assessee society was not carrying on banking business as it was accepting deposits from the persons who have no voting...
October 14, 2014
S.Tax:
So long as Sahara India TV Network is a part and parcel of Sahara India Commercial Corporation Ltd. and they have received consideration for services rendered by the...
October 14, 2014
S.Tax:
Business Auxiliary Service - Agreement for playing matches for Royal Challengers Bangalore in IPL - prima facie case is in favor of assessee - stay granted - AT
October 14, 2014
S.Tax:
CENVAT credit - Input service - service of preparing Techno-Economic feasibility of rehabilitation of the factory proposed by BIFR had been received by the appellant...
October 14, 2014
C.Ex.:
Interest demand - Delay in payment of duty - Liability to pay interest would accrue, even in the case of provisional assessment where the short payment of duty was made...
October 14, 2014
C.Ex.:
Demand u/s 11D - subsequent upward price revision and the goods were sold from the depot at a higher price - What happened to the goods subsequently does not influence...
October 14, 2014
C.Ex.:
Classification of “Rexona” under Chapter sub-heading No. 3401.00 or under 3307.30 - prima facie view at this stage that the applicant’s products are classifiable under...
October 14, 2014
C.Ex.:
Cenvat Credit - emergence of waste - there cannot be a demand to reverse any Cenvat credit for the reason that a part of the input is covered in the waste that arises - AT
October 14, 2014
Cus.:
Authorization to be submitted by the courier agencies - prima facie, the demand can be limited only for a period of one year prior to issue of show cause notice, if...
October 14, 2014
Cus.:
Duty drawback claim - The export of imported machines by carrying out mere reconditioning / refurbishing operation without complying with substantial requirements of...
October 14, 2014
I.Tax:
As the assessee has stated that the plant and machinery has never been used in the hotel right from the beginning, such plant & machinery cannot be considered as part of...
October 14, 2014
I.Tax:
TDS on amount of excise duty - Since the amounts are paid to the Government directly by assessee company - The question of covering the amounts under 194C does not arise - AT
October 14, 2014
I.Tax:
Treatment of special bonus expenses u/s 37(1) – the shareholders agreement is the basic document for determining the allowability or otherwise of the expenditure...
October 14, 2014
I.Tax:
At the relevant point of sale of the land in question, the surrounding area was totally undeveloped and except mere future possibility to put the land into use for...
October 14, 2014
I.Tax:
The assessee is not formed by splitting up or transfer to a new business and got registration even since 2002, the fact that it has been in existence ever since 1999,...
October 14, 2014
I.Tax:
Addition on account of fall in GP - The AO has not invoked section 145(3) in its terms - Therefore, fall in G.P. rate cannot be made a reason for involving section 145(3) - AT
October 14, 2014
I.Tax:
Without bringing on record any material or information in support of the estimate of household expenses made by the AO, no such addition can be made as it amounts to...
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