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Highlights / Annotations / Catch Notes For June of 2016
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Showing 1 to 50 of 485 Records
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June 30, 2016
S.Tax:
Import of Intellectual Property Services (IPR services) - there can be no liability to service tax under the head of IPR services in respect of an Intellectual Property...
June 30, 2016
S.Tax:
Franchise Service - appellant gave right to use its name for running pre-primary and preparatory schools - scope of the definition of “Franchise” given in Section 65(47)...
June 30, 2016
S.Tax:
Refund of service tax paid on Construction of complex service wrongly - even if service has been paid under the mistake of law, the period of limitation of one year is applicable - AT
June 30, 2016
S.Tax:
Levy of service tax under the sub-contract agreement - validity of proof of payment of tax by the principal obtained through RTI upheld - When main contractor has...
June 30, 2016
Cus.:
Condonation of delay of 19 years in filing an appeal - Recovery of penalty - The present appeal is barred by time as the same has been filed after the expiry of more...
June 30, 2016
Cus.:
Discrepancy in furnishing of IGM (import manifest or import report) - Goods (transit cargo) were not mentioned in IGM - As there is no fraudulent intention, the...
June 30, 2016
Cus.:
Refund of SAD - Once such ingredient of the Sale of Goods Act, 1930 is complied with, in that circumstance, sales can be said to have been effected. Otherwise it is a...
June 30, 2016
C.Ex.:
The cenvat credit on photocopy of the Courier Bill of Entry cannot be denied as the same is a proper document under Rule 9 of the Cenvat Credit Rules 2004. - AT
June 30, 2016
C.Ex.:
As the bagasse and pressmud are non-excisable, the question of reversing 5% or 10% of the value of goods does not arise as the common inputs not used in the manufacturing of waste - AT
June 30, 2016
C.Ex.:
Refund - unjust enrichment - excess excise duty paid due to the failure of computer software cleared to their depots - Since the goods have not been sent to third party...
June 30, 2016
C.Ex.:
Classification - No marks cream/lotion are ayurvedic medicines and duty is chargeable under ETH 3003.39 of CET - Nigh Skin care cream is classifiable under CETH 3304.00 of CETA. - AT
June 30, 2016
C.Ex.:
Refund - Rule 5 of the CENVAT Credit Rules, 2004 - Refund was rejected on the ground that the average export clearance of final products of the appellant in the...
June 30, 2016
C.Ex.:
Valuation - the value u/s 4 does not include the amount of the duty of excise, sales tax and other taxes, if any, payable on such goods - entry tax paid by the appellant...
June 30, 2016
I.Tax:
TDS on SMS charges - sale of SMS credits - the activity carried on in the instant case does not fall under the definition of ‘work’ in terms of section 194C as it does...
June 30, 2016
I.Tax:
Revision u/s 263 - mandation for the AO to apply Rule 8 - Rule 8D is not automatic and can be resorted to by the AO only as a measure of last resort. - Revision order quashed - AT
June 30, 2016
I.Tax:
Withdrawal of deduction u/s 80IC on transport charges & transport subsidy - whether a mistake apparent from record in terms of section 154 - It is a highly debatable...
June 30, 2016
I.Tax:
Higher rate of depreciation on account of hiring of vehicles - Since the issue in the instant case is a highly debatable issue, i.e. whether the assessee is entitled to...
June 30, 2016
I.Tax:
Agricultural income - assessee had expressed its inability to substantiate the same on the ground that he has not maintained any books of account. Under these...
June 30, 2016
I.Tax:
Disallowance u/s 14A - no dividend income has been received during the year under assessment nor it has borrowed any funds to invest in the share to earn the dividend...
June 29, 2016
S.Tax:
Job work - activity of processing of chilling of milk amounts to manufacture and it is settled law that process amounting to manufacture is not liable to service tax - AT
June 29, 2016
S.Tax:
Cenvat Credit - The department cannot construe the services provided to Jammu & Kashmir as exempted services and press into application, in such situations, Rule 6 of...
June 29, 2016
S.Tax:
Waiver of pre-deposit - Export of services or not - services have been provided by the applicant to their foreign principal located outside India or the services...
June 29, 2016
Cus.:
Mis-declaration of goods - import of scull/ slag - import of hazardous waste - levy of redemption fine and penalty - Benefit of doubt goes in favor of importer -...
June 29, 2016
Cus.:
Import of metallic waste and scrap - The consignment was accompanied by a Pre-shipment Inspection Certificate(PSIC) issued by Asia Globe Trade Ltd. which was not...
June 29, 2016
Cus.:
Import of restricted goods being secondary and defective C.R. Coils at ICD Ludhiana - goods are liable for confiscation - redemption fined reduced to Rs. one lakhs - Penalty waived - AT
June 29, 2016
VAT:
Maintainability of writ petition before the high court - three question of laws involved - transfer of business - eligibility of exemption - Section 2(41) of the Tamil...
June 29, 2016
Co.Law:
Rectification in the register of members - transfer of shares - execution of valid transfer deeds within the meaning of Section 108 is a mandatory requirement of a valid...
June 29, 2016
C.Ex.:
Manufacturing activity or not - activity of cutting marble blocks into slabs / tiles - deemed manufacture - The said deeming fiction was created with effect from...
June 29, 2016
C.Ex.:
Valuation - inclusion of design and engineering charges - these design and engineering charges do not pertain to the plant and equipment manufactured by the appellants...
June 29, 2016
C.Ex.:
Extended period of limitation - Apart from a bald allegation there is no evidence adduced by department to establish supression or mis-statement of facts. The relied...
June 29, 2016
C.Ex.:
Cenvat Credit - the activity of printing/laminating of BOPP films which were used as laminated wrapper for packing of biscuits by the appellant shall amount to...
June 29, 2016
I.Tax:
Penalty u/s. 271D - cash receipt in violation of conditions of section 269SS - The transaction was between a father and son, to meet the urgent requirement of depositing...
June 29, 2016
I.Tax:
Confirmation of allowing deduction of interest paid on borrowed funds which have been found to have direct nexus with the investment made for acquisition of shares - HC
June 29, 2016
I.Tax:
Interest income - The deposit of money in the present case is directly linked with the purchase of plant and machinery. - Interest income in the present case must be...
June 29, 2016
I.Tax:
Bogus purchases - possible inflation of purchase price - 25% of the payments made to the parties shall be disallowed on account of possible inflation of purchase price. - HC
June 29, 2016
I.Tax:
It is true that the question of capital gain came up for consideration before Assessing Officer. It is also true that the assessee had placed the materials with respect...
June 29, 2016
I.Tax:
Principle of mutuality - 'Transfer fee' received from outgoing member of co-operative society - whether is not taxable on the basis of concept of mutuality? - even...
June 29, 2016
I.Tax:
Reopening of assessment - Obviously, in the garb of purported exercise of the power to reassess, the AO cannot be permitted to review his own order or the order passed...
June 29, 2016
I.Tax:
Accrual of interest on advance made by the assessee to the Haryana State Electricity Board - as the assessee was following cash system of accounting, no income on this...
June 29, 2016
I.Tax:
Disallowances under section 30(1) - expenditure incurred on repair and renovation of renting premises allowed - HC
June 29, 2016
I.Tax:
Capital Gain - The mere fact that the company and the firm were subjected to tax, on additions made for unexplained cash credits, would not absolve the appellants herein...
June 28, 2016
I.Tax:
Benefit of deduction contemplated u/s 80-IC - Certainly, the mere procurement of a No Objection from the Pollution Control Board cannot be determinative of a question,...
June 28, 2016
I.Tax:
Bogus purchases - What the assessee has done is that he tried to reduce the profit by showing artificial purchases. When the assessee was unable to show genuineness of...
June 28, 2016
C.Ex.:
Demand of duty on operational loss in excess of 0.5% - permissible limit - business of refining and marketing of Petroleum products - difference between physical stock...
June 28, 2016
C.Ex.:
Valuation - inclusion of the value of ECP while discharging the duty liability on RMPU - Merely because, these two items were designed for a combined working after...
June 28, 2016
C.Ex.:
Valuation - Job work - the value adopted by the appellants under Rule 8 of the Central Excise (Determination of price of Excisable goods) Rules, 2000 was not in order...
June 28, 2016
C.Ex.:
Demand of excise duty - bonafide belief that manufacture of threaded roof bolts and nuts are not liable to duty of excise - exclusion of bought out items - manufacturing...
June 28, 2016
C.Ex.:
Claim of exemption - manufacturer of industrial valves - conventional energy device or non-conventional energy device - Benefit of Notification No.6/2002-CE dt. 1.3.2002 allowed - AT
June 28, 2016
C.Ex.:
Valuation - relating parties - allowed 25% discount to sole buyer - the buyer is also holding company or a subsidiary company of the assessee. - Working in the same...
June 28, 2016
C.Ex.:
Clandestine removal of goods - merely because figures of stock reported in their financial accounts (3 CD Returns) filed with the Income Tax authorities were different...
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