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Highlights / Annotations / Catch Notes For June of 2013
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Showing 1 to 50 of 365 Records
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June 29, 2013
C.Ex.:
Modvat / Cenvat Credit - Transfer of credit - amalgamation - Even though the Tribunal has not reasoned its order in so many words, yet, it followed the decision of the...
June 29, 2013
C.Ex.:
Appeal against the stay order of CESTAT directing the appellant to made predeposit of Rs. 60 Lakhs - it is not open to the appellants to reagitate the issue. - HC
June 29, 2013
C.Ex.:
Refund of unutilzed cenvat credit - Rule 5 of CCR - Notification no. 5/2006 - amendment appears to have done away with 1:1 correlation between input and final product for refund - HC
June 29, 2013
S.Tax:
Commercial and industrial construction services - construction of a dam which was an integral component of a hydro Electric project - Prima facie, the petitioner is...
June 29, 2013
S.Tax:
Commercial or Industrial Construction Services - abatement of 67% - prima facie case is in favor of assessee - stay granted. - AT
June 29, 2013
S.Tax:
Penalty - Non deposit of amount of service tax collected from the client - benefit of payment of penalty of 25% extend to the appellant. - AT
June 29, 2013
Cus.:
Attachment - power to attach bank accounts - Section 110 of the Customs Act, 1962 - Revenue directed to raise the attachment of bank account forthwith. - HC
June 29, 2013
I.Tax:
Addition towards LTCG on sale of house property - co-ownership - he entire capital gains cannot be taxed in the hands of assessee - AT
June 29, 2013
I.Tax:
Claim of expenditure - deductin u/s 37(1) - it is not open to the Department to prescribe what expenditure an assessee should incur and in what circumstances he should...
June 29, 2013
I.Tax:
Depreciation - as it is perhaps this that has been construed as a trial run, is only a part of its commissioning, as vendors are usually required to demonstrate the...
June 29, 2013
I.Tax:
Revision u/s 263 - Section 145A is a non-obstante provision, which, therefore, is to be necessarily followed for the purpose of returning the income - revision upheld - AT
June 29, 2013
I.Tax:
Revision u/s 263 - It is not the shortness of the order which makes it tenable or not, rather there are contents of the order about clear findings of the AO on the...
June 29, 2013
I.Tax:
Depreciation - Printers and routers - the routers and switches are to be included in back of computers for the purposes of demanding the rate of depreciation. - AT
June 29, 2013
I.Tax:
Deduction u/s. 80IB(10) r.w.s. 80IB(1) - Profit derived from sale of unutilized FSI - he concept of element of unutilized FSI sold is imaginary and base on surmises and...
June 28, 2013
C.Ex.:
Cenvat Credit - welding electrodes - Cenvat credit in the duty paid on the welding electrodes is admissible to the assessee. - AT
June 28, 2013
C.Ex.:
Number of appeals - Four Show Cause Notices - One order in original - there was no need for the appellant to file four separate appeals against one order in original. - AT
June 28, 2013
C.Ex.:
Cenvat Credit - Extra low Sulphur oil - Since the HSD is excluded from the purview of modvat credit eligibility, there is no reason to allow the modvat credit on Low Sulphur HSD. - AT
June 28, 2013
S.Tax:
Renting of Immovable Property - taxability of amount received towards maintenance and repair charges to keep the plant and machinery in good condition - prima facie not taxable. - AT
June 28, 2013
S.Tax:
Cenvat Credit - Input services - place of removal - GTA Service - all the services upto the port of export are input services and service tax paid on such input services...
June 28, 2013
S.Tax:
Penalty for late filing of Nil return - it is a fit case to invoke the proviso to Rule 7C and waive the late fees relating to the nil returns filed by the appellant - AT
June 28, 2013
S.Tax:
COD clearance - earlier appeal was dismissed for non clearance - restoration application in view of Apex court decision dropping the requirement of COD clearance -...
June 28, 2013
Cus.:
DEPB scrip issued by the Licencing Authority against misrepresenting/forged documents produced by the exporter - respondent would have to be treated as having good title...
June 28, 2013
I.Tax:
Interest under section 234B - defaults in payment of advance tax - exclusion of interest u/s 234C included in the self assessment tax - AT
June 28, 2013
I.Tax:
Interest & salary to partners disallowed - A.O. has wrongly made assessment u/s 144 though in clause 5 of the assessment order he has taken the status as a “firm“ not as “AOP“ - AT
June 28, 2013
I.Tax:
Readjudication of an order u/s 254(2) - There is no express power of review conferred on this Tribunal. Even otherwise, the scope of review does not extent to...
June 28, 2013
I.Tax:
Reopening of assessment - The reasons recorded for reopening the assessment has no nexus with the income ultimately assessed u/s 147. - assessment is not valid - AT
June 28, 2013
I.Tax:
Unexplained cash credit - merely because of the gap of 1 to 3 months between the date of withdrawal and date of deposits, it could not be inferred that the source of...
June 28, 2013
I.Tax:
Compensation charges - revenue v/s capital - Payment of interest on advance received against the booking of plots while refunding the amount - deduction allowed. - AT
June 28, 2013
I.Tax:
Validity of assessment on a company which has been dissolved/ amalgamated - assessment order passed on the appellant company was a nullity - AT
June 28, 2013
VAT:
Levy of interest - assessee is bonafidely disputing the liability of tax on the Central Excise Duty - it cannot be treated as admitted tax and the interest u/s 8 (1)...
June 27, 2013
S.Tax:
Cenvat credit of Service Tax relating to rental of immovable property, security guard appointed at the residence of central office and cycle stand, maintenance of...
June 27, 2013
C.Ex.:
Cenvat Credit - welding electrodes used for repair and maintenance of the plant and machinery - Credit allowed. - AT
June 27, 2013
C.Ex.:
Condonation of delay - The argument advanced for the delay is purely bureaucratic red-tape which is not satisfactory to this Bench. - application for condonation of...
June 27, 2013
C.Ex.:
Classification - sensur Rubefacient & Herbyl Skin Ointment - under 3003.39 as Ayurvedic Medicine or under 3003.10 of the CETA 1985 as P. or P Medicines (other than...
June 27, 2013
C.Ex.:
Cenvat credit - CR Coils - activity not amount to manufacture - The duty paid has been accepted by the department which is admittedly more than the CENVAT credit availed...
June 27, 2013
S.Tax:
Cenvat Credit - Input Services - housekeeping services keeping he factory premises neat and clean and construction services for construction of certain office rooms in...
June 27, 2013
S.Tax:
Cenvat Credit - Input Services - The services are certification of the factory work, payment made to advocates for legal services related to manufacturing activities,...
June 27, 2013
S.Tax:
Cenvat Credit - Input Services - commission agent service - nexus with manufacturing - credit allowed - AT
June 27, 2013
S.Tax:
Filing of appeal before Commissioner (Appeals) - time limit - Commissioner of Central Excise (Appeals) was justified in dismissing the appeal as barred by time. - HC
June 27, 2013
S.Tax:
Renting of immovable property - levy of service tax - dispute between landlord and tenant - tenant refused to pay as per the terms of contract - tenant liable to pay the...
June 27, 2013
S.Tax:
Classification - Supply of cabs - Rent-a-Cab service - There is no stipulation either in the Act or in the Rules that the person renting the cabs should also own the vehicles. - AT
June 27, 2013
S.Tax:
Cenvat Credit - Input services - export of goods - CHA service - rent-a-cab service - credit allowed - AT
June 27, 2013
S.Tax:
Cenvat Credit - “input service“ credit on telephone services which are installed at the residence of the officials - Credit allowed. - AT
June 27, 2013
Cus.:
Refund claim - payment of export cess by mistake - non-filing of any appeal against the assessment order cannot act fatal to the assessee’s claim of refund. - AT
June 27, 2013
Cus.:
CHA - revocation / suspension of license - early hearing - As the assessee has been deprived of his right to carry on his business at Mumbai since 23-12-2009, it was...
June 27, 2013
I.Tax:
Unexplained credits in the bank account - the explanation submitted by the assessee that the amounts withdrawn from the bank was again re-deposited in to the bank...
June 27, 2013
I.Tax:
Penalty u/s 271(1)(c) - quasi criminal proceedings - penalty will not ordinarily be imposed unless the party obliged under the Act has either acted deliberately in...
June 27, 2013
I.Tax:
Unexplained deposits - the amount was repaid by the assessee through cheque. - there being no doubt with regard to creditworthiness, the creditor being an Income-tax...
June 27, 2013
I.Tax:
Computation of arm's length price - The monies parked with its subsidiaries in the form of share premium have to be treated as loan transactions. - AT
June 27, 2013
I.Tax:
TP - the conclusion of the TPO that the arms length price of the royalty payment should be NIL without specifying any cogent basis is not sustainable - TPO's...
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Black Money .... Act, 2015
Black Money .... Rules, 2015
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