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Highlights / Annotations / Catch Notes For March of 2014
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March
March 2014
Year 2014
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Showing 401 to 450 of 467 Records
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March 5, 2014
C.Ex.:
Availment of CENVAT Credit - input credit on the items which were used for repairs and maintenance of the capital goods is eligible to the assessee - AT
March 5, 2014
Cus.:
Permission to re-export Synchronous Digital Hierarchy (SDH) Transmission Equipment - abandoned goods - the goods in question here are entitled to be treated and cleared...
March 5, 2014
Cus.:
Exemption under Notification 21/2002-Cus denied on the ground that ground that the goods imported are not complete kits but only a raw material for making such kits -...
March 5, 2014
Indian Laws:
Offence under Section 138 of the Negotiable Instruments Act, 1881 - where a particular time is given from a certain date within which an act has to be done, the day of...
March 5, 2014
Indian Laws:
Bar on the person to practice before CESTAT who was appointed as member of CESTAT - The provision in question must be read to mean that the bar would not be applicable...
March 5, 2014
I.Tax:
Validity of notice u/s 147 / 148 - belief were communicated to the assessee independent of the document sought to be disclosed - Thus, the non-disclosure of the 2G...
March 5, 2014
I.Tax:
Reversal of CIT(A)’s order - CIT(Appeals) decided the issue in favour of the assessee without pointing out as to which additional evidence admitted by the tribunal and...
March 5, 2014
I.Tax:
Rejection of registration u/s 12AA - When the school is running on commercial lines under the clad of charitable purpose, the parties were justified making enquiries and...
March 5, 2014
I.Tax:
Claim of deduction towards rent for the entire period between 1990 to 1997 – There is nothing on the record to suggest that liability for such prior period expenses...
March 5, 2014
I.Tax:
Addition u/s 41(1) - waiver of sales tax liability - the assessee following mercantile system of accounting must surrender the benefit when the right is accrued and...
March 4, 2014
C.Ex.:
Denial of refund claim - Original TR-6 challan not produced - attested Xerox copy of the Challan in Form T.R. 6 is sufficient and there is no requirement to file the...
March 4, 2014
C.Ex.:
Transfer of unutilized cenvat credit alongwith transfer of liability - Change of ownership - clause of transfer liability is not applicable to the facts of this case -...
March 4, 2014
C.Ex.:
Fraudulent transactions - once credit is Prima facie taken on finished goods in the guise of scrap, fraudulent activity clearly surfaces, Prima facie case is in the...
March 4, 2014
C.Ex.:
Waiver of pre-deposit of duty - The main contention of the applicant is that they have paid service tax and therefore demand of central excise duty on the same process...
March 4, 2014
S.Tax:
Waiver of penalty u/s 80 - Business Auxiliary Service - Ignorance of law - benefit of ignorance of law goes in favour of the respondent and as per Section 80 of the...
March 4, 2014
S.Tax:
Refund / rebate claims - Export of services - - Triservices provided in India to international inbound roamers registered with the Foreign Telecom Network Operator but...
March 4, 2014
S.Tax:
Demand of service tax - Mere payment of VAT does not take away the activity from the net of the taxing entry under Finance Act, 1994 - stay granted partly - AT
March 4, 2014
Cus.:
Refund - classification dispute goes in favor of assessee - department cannot withheld the refund application merely on the ground that order of the appellate authority...
March 4, 2014
Cus.:
Duty drawback - identification between import goods and export goods - there cannot be any dispute since re-packing cannot, by any stretch of imagination, be called an...
March 4, 2014
Indian Laws:
Whether the prices fixed under the Drugs (Prices Control) Order (for short, ‘DPCO’) in respect of drugs/formulations would be operative in respect of all sales...
March 4, 2014
I.Tax:
Addition made on account of excess wastage - rejection of books and accounts - order of the Tribunal rather is not based on any sound parameters and runs contrary to the...
March 4, 2014
I.Tax:
Interpretation of Section 10A(2) - Revenue’s submission cannot be accepted that it would be giving undue stress and entirely dependent upon the expression “during the...
March 4, 2014
I.Tax:
Whether the process of jewellery making through job work in the manner undertaken by the appellant amounts to manufacturing for the purpose of Section 10A - Held yes - HC
March 4, 2014
I.Tax:
Withholding TDS u/s 195 - lower authorities did not go into the merits of the case on a question of chargeability of income tax in India – the order set aside and...
March 4, 2014
I.Tax:
Addition on contract receipts not recorded in books of accounts – when documents which are not meant for the eyes of the Revenue are unearthed after undertaking an...
March 4, 2014
I.Tax:
Exemption u/s 11 and 12 - charitable institutions registered u/s 12A and doing the activity in the nature of charity, cannot be held to be engaged in the activity of...
March 4, 2014
VAT:
Compounding tax - Section 8 (f)(i) of the Kerala Value Added Tax Act and Rules - once the dealer had opted out and paid tax under the Scheme of compounding, can never be...
March 3, 2014
C.Ex.:
Clandestine clearance of the scrap generated in their factory - Admittedly the clandestine removal charge is a serious allegation and has to be established by adducing...
March 3, 2014
C.Ex.:
Whether accumulated credit of AED (T&TA) can be cross utilized for payment of duty relating to AED(GSI) and for payment of basic excise duty during January 2003 to May...
March 3, 2014
C.Ex.:
Valuation - Job Worker versus Related person - Manufacturing confectionary items on behalf of M/s. ITC Limited at their factory premises as a job worker - Valuation to...
March 3, 2014
S.Tax:
When w.e.f. 01/6/07 the activity of the appellant has been accepted by the Department as mining service, for the period prior to 01/6/07, the same activity cannot be...
March 3, 2014
S.Tax:
Refund / Rebate claim - export of services - Relevant date for filing refund in the case of export of service is in the date of receipt of payment of the exported service - AT
March 3, 2014
S.Tax:
Cenvat Credit is sought to be denied is that the invoices of the service provider mention the old name and address and old registration number of the Appellant company -...
March 3, 2014
S.Tax:
Whether the assessable value splited into two parts and one such part is called reimbursement of expneses shall form part of assessable value of the taxable service -...
March 3, 2014
S.Tax:
Applicant booked the space for cargo for transporting of their clients goods, which has been utilized by the exporter/importer - the extra amount collected by the...
March 3, 2014
Cus.:
Search and seizure - Narcotic drugs - The recovery from the vehicle on a public highway was not as a matter of pure chance but on specific advance information and...
March 3, 2014
Cus.:
Search and seizure - narcotic drugs being opium - A joint communication of the right available under Section 50(1) of the NDPS Act to the accused would frustrate the...
March 3, 2014
Indian Laws:
DRT and not the Civil Court has jurisdiction to determine whether there has been any illegality in the “measures” taken by a secured creditor under sub-section (4) of...
March 3, 2014
I.Tax:
The assessee was justified in adjusting the interest earned from the interest payments on term loan and the balance of interest paid was capitalized in the books - AT
March 3, 2014
I.Tax:
ALP - the ALP determination under CUP Method on the basis of ‘Daily Export Port Data – April 2007- March 2008’, by adopting quarterly averages, was wrongly rejected by...
March 3, 2014
I.Tax:
Change in constitution of firm or on succession – Restriction to carry forward losses - Unabsorbed depreciation is carried forward u/s 32(2) and are not brought forward...
March 3, 2014
I.Tax:
TDS u/s 194-H - assessee is sharing a part of commission received as remuneration from HDFC Bank in order to attract customers to improve volume of business, does not...
March 3, 2014
I.Tax:
Disallowance as deduction while computing LTCG - The payment made for removal of encumbrances in respect of the property being relocation of the hutment dwellers falls...
March 3, 2014
VAT:
Classification of goods - many processes were undertaken - By no stretch of imagination, it can be said that the product remained in original form of 'Zeolite', which by...
March 3, 2014
Co.Law:
Winding up petition - The respondent has stated in its reply that the software applications provided by the petitioner are not being used on account of the defects - the...
March 1, 2014
C.Ex.:
Valuation of goods - assessee entitled to retain 75% of sales tax as incentive - w.e.f 1.7.2000 they shall only be entitled to the benefit of the amount “actually paid”...
March 1, 2014
C.Ex.:
Recovery of refund already allowed - this case hardly involves any legal issue but we feel more concerned about the hard luck of the appellant, a manufacturer of PVC...
March 1, 2014
C.Ex.:
Principle of natural justice - Delay by the Adjudicating Authority in rendering its order nine months after the conclusion of the hearing has caused prejudice to the Petitioner - HC
March 1, 2014
C.Ex.:
Default in making Central Excise duty payment - penalty could not be levied under Rule 25 of the Rules and for the alleged default, the penalty was restricted to Rs....
March 1, 2014
C.Ex.:
Imposition of penalty - Denial of CENVAT Credit - repair of motor vehicles has no nexus between the services and the activity of manufacture - AT
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Quick Updates:
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: Misdeclaration in the quantity of goods imported - enhancement of the ...
H
: Maintainability of appeal - non-prosecution of the case - matter adjou...
H
: Professional Misconduct by CA - Liability of the Engagement Partner (E...
H
: Jurisdiction of NCLT - Constitution of its Benches - Competency of Mem...
H
: Admission of Section 7 application - Assignment Agreement - Proper sta...
F
: CMP 08 and Annual return
F
: Addition of unaccounted supplies in the Returns
H
: Liquidation of corporate Debtor - Eligibility of the Appellant to subm...
H
: Short payment of Central Excise Duty - The Appellate Tribunal conclude...
A
: Roving Judgements!
A
: Assessee would be considered as electronic commerce operator when digi...
H
: Recovery of dues by adjusting them against the refund amount - Delay i...
H
: Dishonour of Cheque - Vicarious liability of the Company Secretary - T...
F
: Section 17(2) Rule 42
F
: Refund of IGST Charged and collected from Foreign Customer on Export o...
F
: Penalty under Section 73(1) of CGST Act, 2017
F
: QUANTUM OF PENALTY UNDER THE IGST ACT
F
: refund of amount deposited through DRC-03
F
: ITC of FY 2017-18 blocked
F
: Export Services without LUT
A
: DISTINCTION BETWEEN DEATH OF PLAINTIFF AND DEFENDANT DURING PENDENCY O...
A
: A Comprehensive Guide to Inter-State and Intra-State Supply
A
: Intermediary Services Nexus with Export of Services
A
: Assessment Order not valid when Petitioner could not file reply due to...
C
: Instruction on review of requirement of G-Card holders at a Customs St...
A
: Supreme Court orders about alleged bogus capital gains on alleged penn...
C
: Verification of authenticity and genuineness of Certificate of Origin ...
H
: Levy of interest and penalty - transition of amount wrongly claimed as...
C
: Acceptance of Electronic Certificate of Origin (e-CoO) issued by the i...
H
: Levy of penalty @200% - e-way bill which was generated by the appellan...
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Highlights March March 2014 Year 2014
