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Highlights / Annotations / Catch Notes For October of 2014
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October
October 2014
Year 2014
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Showing 51 to 100 of 323 Records
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October 28, 2014
C.Ex.:
Attachment of the movable and immovable properties - priority over the rights - Preference to Banking company or Central Excise Department - Preference of Excise...
October 28, 2014
C.Ex.:
Manufacture - cold rolling of HR Coils results in emergence of a new product with distinct and different commercial identity, characteristics and uses and therefore...
October 28, 2014
C.Ex.:
CENVAT Credit - The certificates issued by assessee’s customers to this effect, the conclusion is irrestible that sales by the assessee were on FOR basis and therefore...
October 28, 2014
C.Ex.:
Denial of refund claim of unutilized CENVAT Credit - refund in such cases of closure of factory is not provided under the statute. - AT
October 28, 2014
C.Ex.:
NCCD - Simultaneous availment of exemption Notification and CENVAT Credit - Simultaneous availment of duty exemption and benefit of cenvat credit militates against the...
October 28, 2014
Cus.:
Denial of refund claim - Unjust enrichment - appellant have been able to show that throughout they have been showing this amount in as receivables from the customs...
October 28, 2014
Cus.:
Denial of benefit of Notification No. 14/2004 - The appellant in the present case is manufacturing oil and admittedly the RO machine is not increasing the capacity for...
October 28, 2014
I.Tax:
The determination of income is on the basis of the impounded materials as a result of survey and not on the basis of any seized materials belonging to the assessee - the...
October 28, 2014
I.Tax:
Appealability of order - when an order of sale is passed by the Tax Recovery Officer, a person aggrieved by that order cannot bypass the requirements in the Schedule, by...
October 28, 2014
I.Tax:
Entitlement for claim of deduction u/s 35B – the activity carried would come within the purview of the provision and, therefore, the weighted deduction was allowable - HC
October 28, 2014
I.Tax:
Capital expenditure or revenue expenditure - the expenditure incurred in regaining this profit company unit is in the nature of a capital expenditure and not the revenue...
October 28, 2014
I.Tax:
Scope of Explanation to sec. 73 – the entire transaction carried out by the assessee was within the umbrella of speculative transaction - There was no bar in setting off...
October 28, 2014
I.Tax:
Revision u/s 263 - Erroneous and prejudicial to the interest of revenue or not - It is true that the AO is not required to pass a very detailed order but his order must...
October 28, 2014
I.Tax:
Computation of MAT - Provision of sales tax - Assessing officer was entitled to adopt the net profit after suitable adjustment for the purpose of computing the book...
October 28, 2014
I.Tax:
Once the RBI approval of royalty rate was obtained the payment was considered to be held at arm's-length - the TPO erred in holding that no tangible benefits were...
October 27, 2014
S.Tax:
As regards renting of immovable property, extended period could not have been invoked since the levy has been regularized by retrospective amendment. Therefore, prima...
October 27, 2014
S.Tax:
Denial of refund claim - Bar of limitation - As it is not an amount of service tax, therefore, provisions of Section 11B of the Central Excise Act are not applicable to...
October 27, 2014
C.Ex.:
CENVAT Credit - Whether Cenvat Credit attributable to the quantity of Inputs (Molasses) used in, or in relation to manufacture of exempted final product required to be...
October 27, 2014
C.Ex.:
Classification of the product “Cheeselings” - appellant classified the same as ready to eat packaged foods not falling under the category of “Namkeen“ - partial stay granted. - AT
October 27, 2014
C.Ex.:
Denial of refund claim - Unjust enrichment - When the provisions of Central Excise are not applicable in that case bar of unjust enrichment is also not applicable - AT
October 27, 2014
C.Ex.:
Waiver of pre deposit - manufacture of Lubricating Oils of different grades - Valuation of goods - As such, the assessee ought to have taken the cost of production...
October 27, 2014
Cus.:
Appellants purchased Valued Based Advance Licence (VABAL) from the market in respect of the goods exported. - the purchaser of VABAL is not liable to prove export...
October 27, 2014
Cus.:
Classification of goods - Classification under Entry No. 5513.41.00 or under CTH 6304.19.30 - Import of bed sheets - goods to fall under 5513.41.00 - AT
October 27, 2014
VAT:
Stock transfer - CST - An in-genuine Form F may not entitle the dealer to avail the benefit under Section 6A of the Act in respect of a particular transaction, for...
October 27, 2014
I.Tax:
Notice of demand u/s 156 – Interest charged u/s 215/217 and 139(8) - if the assessment order does not specify charging of interest under a specific section then it could...
October 27, 2014
I.Tax:
Levy of penalty u/s 271(1)(c) - tribunal has materially erred in treating the assessment order as substantive assessment order without properly appreciating the order...
October 27, 2014
I.Tax:
Circular issued by the CBDT, whereby deduction of income tax has been ordered on the award amount and interest accrued on the deposits made under the orders of the Court...
October 27, 2014
I.Tax:
Non-deduction of tax for payment of ship charter hire charges - Royalty u/s 9(1)(vi) -Since the DTAA between Government of India and Government of UAE, is more...
October 27, 2014
I.Tax:
Loss on write off as receivable - What all therefore the assessee has to demonstrate is an honesty of its intent in effecting the write off - nothing more and nothing less - AT
October 27, 2014
I.Tax:
The beneficiaries have not set up the Trust - Therefore it cannot be said that the beneficiaries have come together with the object of carrying on investment in...
October 27, 2014
I.Tax:
Nature of receipts – Revenue or capital receipts – Even if the grant received by the assessee bank has been used for meeting SLR requirements of RBI, which is relatable...
October 27, 2014
I.Tax:
Sales commission disallowed – contractual obligation with family members of Director - commission was allowable as deduction where the revenue had failed to controvert...
October 27, 2014
I.Tax:
Revision u/s 263 - The direction of the CIT is specific - Now it is for the assessee to show as to which year the issues raised by the ld. CIT would relate to - It is...
October 27, 2014
I.Tax:
Deemed dividend u/s 2(22)(e) – If the intention of the legislature was to tax such loan or advance as deemed dividend at the hands of “deeming shareholder“, then the...
October 27, 2014
I.Tax:
Computation of capital gain u/s 50C(1) – adoption of SRO value by completely ignoring the valuation made by the DVO is totally wrong and in violation of statutory...
October 24, 2014
S.Tax:
Date of filing of Service tax return (ST-3 Form) extended from 25-10-2014 to 14-11-2014 - Order no. 2/2014
October 22, 2014
S.Tax:
Adjustment of the excess service tax deposited - relevant provisions of Rule 6 may perhaps have to be interpreted by directory and not mandatory. - AT
October 22, 2014
C.Ex.:
100% EOU - assessee rightly availed the Cenvat credit and then reversed it when those goods were moved to EHTP unit and claimed refund. - HC
October 22, 2014
C.Ex.:
CENVAT Credit - if the job worker has taken any input credit on furnace oil which has been used in the job work goods and same has been cleared without payment of duty...
October 22, 2014
Cus.:
Detention of goods - If there are significant differences in shape, size, test etc. of betel nuts of Indian origin than the betel nuts of foreign origin the person in...
October 22, 2014
I.Tax:
Addition u/s 68 – nce the transaction of purchase and sale was found to be bogus then the sale proceeds had to be added as income of the assessee u/s 68 of the Act...
October 22, 2014
I.Tax:
Entitlement for registration u/s 80G(5) – to provide medical facilities in their hospital to all persons of any caste, creed, race, religion etc. - the activities...
October 22, 2014
I.Tax:
Scope of income from house property u/s 23(1)(a) - The notional interest on security deposits cannot be taken into consideration for determining and computing the...
October 22, 2014
I.Tax:
Penalty u/s 271(1)(c) – Tribunal proceeded on hyper- technicalities and acted as though every seizure must entail initiation of proceedings u/s 271 of the Act - no penalty - HC
October 22, 2014
I.Tax:
Capital gain u/s 45 - Transfer of assets from partnership firm to Private limited company – section 45(4) is not attracted as the very first condition of transfer by way...
October 22, 2014
I.Tax:
Validity of authorization of issue u/s 132 – Notice issued u/s 158BD – at the time of search of the premises, the petitioner infact signed the panchnama, claiming to be...
October 21, 2014
S.Tax:
Business Support service - Service of providing assured water infrastructure facility to the industries of Borai Industrial Growth Centre - prima facie the activity is not taxable - AT
October 21, 2014
S.Tax:
Waiver of pre deposit - Renting of equipments - right to use - appellants leased out the vacuum insulated storage tanks to the customers - Possession has been...
October 21, 2014
C.Ex.:
Area Based Exemption - courts cannot extend the benefit of this exemption for the period prior to the date of opting for the exemption, therefore, on merits, the case is...
October 21, 2014
Cus.:
Rejection of transaction value - There is no evidence of any contemporaneous imports of similar or identical goods nor is there any price available for similar goods -...
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Refer to your friend
Black Money .... Act, 2015
Black Money .... Rules, 2015
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