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Highlights / Annotations / Catch Notes For July of 2014
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Showing 151 to 200 of 397 Records
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July 17, 2014
I.Tax:
Reassessment order u/s 147 r.w section 148 of the Act - The assessing officer is not required to consider the objections in detail - HC
July 17, 2014
I.Tax:
Section 44BB is applicable only with respect to Royalty and FTS but since consumables were supplied along with P&M given on hire, therefore, the receipts were taxable u/s 44BB - AT
July 17, 2014
I.Tax:
Addition u/s 68 of the Act - AO does not have power to examine the source of the source and on the facts of the case, there is no merit in the Revenue’s grounds at all - AT
July 17, 2014
I.Tax:
Revised return of loss/unabsorbed depreciation – even if the assessee has not filed revised return, AO is bound to allow carried forward loss or depreciation as per the record - AT
July 16, 2014
S.Tax:
Validity of recovery proceedings - Non payment of 50% of the tax by December 31, 2013 as per the VCES scheme - department has power to initiate recovery proceedings on such failure - HC
July 16, 2014
S.Tax:
Construction services - sub-contractor - appellant claims that service tax has been paid by the said principal and, therefore, there cannot be a double taxation for the...
July 16, 2014
S.Tax:
Irregular availment of CENVAT Credit - The omission to take registration as an Input Service Distributor can at best be considered as procedural irregularity - AT
July 16, 2014
C.Ex.:
Method of valuation - Since M/s. ELCOT are neither institutional consumer nor industrial consumer, in respect of sale of CTVs by the appellant to them, MRP was required...
July 16, 2014
C.Ex.:
CENVAT credit availed on supplementary invoice issued by Job worker - prima facie the applicant has made out a case for availment of service tax as per Rule 9(1)(bb) of...
July 16, 2014
C.Ex.:
Denial of Credit based on photocopy of invoices, consolidated original Bill of Entry - prima facie credit is not admissible - AT
July 16, 2014
C.Ex.:
CENVAT Credit - Prima facie, it appears that the applicant is not eligible to avail credit where they have taken benefit of revenue expenditure under the Income Tax Act - AT
July 16, 2014
C.Ex.:
Merely because during the period in question the appellant was indulging in clandestine activities, would not ‘ipso facto’ lead to establish that they have been...
July 16, 2014
C.Ex.:
Levy of interest on differential duty raised through supplementary invoice - retrospective increase of price of finished goods - demand of interest confirmed - penalty waived - AT
July 16, 2014
VAT:
Validity of Search and seizure - Letter of authorisation was not shown to the officers/employees of the petitioner. Independent witnesses were not called during the...
July 16, 2014
I.Tax:
Validity of notice u/s 148 - At the stage of issue of the notice the only requirement is to examine whether on the available material a reasonable person could form a...
July 16, 2014
I.Tax:
Penalty u/s 271(1)(c) - An assessee making a blatantly inadmissible claim is like a car driver who crosses the red light at the traffic signal and takes a chance of not...
July 16, 2014
I.Tax:
Penalty u/s 271(1)(c) – In the garb of the bona fide claim an assessee cannot escape levy of penalty - Onus was not on the AO to prove the negative - AT
July 16, 2014
I.Tax:
Whether the assessee’s claim for deduction under section 80IA of the Act could be denied merely on the ground that these D.G. units were catering to the captive power...
July 16, 2014
I.Tax:
Interest claimed on partners' capital contribution made to chit funds and interest claimed on payment to retired partners' outstanding balance - claim of deduction from...
July 16, 2014
I.Tax:
Deduction u/s 10B - Failure to produce the Ratification by the Development Commissioner - assessee have been registered with the STPI, is entitled for deduction u/s 10B - AT
July 15, 2014
S.Tax:
Waiver of penalty u/s 80 - Tribunal was in error holding that there would be no occasion to establish a reasonable cause within the meaning of section 78, once, the...
July 15, 2014
S.Tax:
Tour and travel services - levy and collection of service tax from the assessee where principal tour operator has paid service tax - assessee failed to prove its case -...
July 15, 2014
S.Tax:
Renting of buildings used for the purpose of accommodation including hotels, meaning thereby renting of a building for a hotel, is covered by the exclusionary clause and...
July 15, 2014
S.Tax:
Appeal before commissioner (Appeals) - appeal was singed by the brother of assessee - the same is a rectifiable defect and the applicant can sign the last page of the...
July 15, 2014
C.Ex.:
Cenvat Credit - Availing credit without receipt of inputs being pet coke - revenue failed to substantial its claim - credit allowed - AT
July 15, 2014
C.Ex.:
CENVAT Credit - torage of goods outside the factory premises at nearby premises own by the assessee - storage beyond the excisable area - difference of opinion - matter...
July 15, 2014
C.Ex.:
Shifting of factory - transfer of unitlized cenvat credit to another factory - lower authority have not referred to any provisions of law requiring prior permissions -...
July 15, 2014
C.Ex.:
Benefit of CENVAT credit - even if process undertaking by the assessee is not amounting to manufacture since duty has been paid after value addition, which is higher...
July 15, 2014
VAT:
Levy of tax and interest - incentives to mega projects - assessee instead of depositing tax adjusted the same with refund entitlement - no interest liability - HC
July 15, 2014
Co.Law:
Dishonour of cheques - prosecution of directors - complaint u/s 138 r.w.s 141 of the Negotiable Instruments Act, 1881 - for maintaining the prosecution u/s 141,...
July 15, 2014
I.Tax:
Addition u/s 68 - Where the loan creditors have shown the amount advanced to the assessee in the income tax return filed with the Income Tax Department and the...
July 15, 2014
I.Tax:
The brought forward business loss is to be allowed set off of against the speculation income assessable for the current year - AT
July 15, 2014
I.Tax:
Partner’s remuneration u/s 40(b) - The manner of computing the remuneration is not specified - the remuneration payable is left to future mutual agreement between the...
July 15, 2014
Wealth-tax:
AO was justified in holding that it was not practicable to apply Rule 3 in the instant case and rightly referred the matter to the Valuation Officer u/s 16A of wealth tax act - SC
July 14, 2014
S.Tax:
Consulting engineer service - scope of taxable service - It is only with effect from 1.5.2006 that a body corporate comes within the ambit of ‘consulting engineer’...
July 14, 2014
S.Tax:
After giving a finding that the Appellant’s activity is not ‘support service of business or commerce’ demand confirmed considering the activity as ‘business auxiliary...
July 14, 2014
C.Ex.:
CENVAT Credit - Input Services - The conduct of the Learned Commissioner, ignoring judicial discipline, amounts to clear judicial indiscipline and irresponsible exercise...
July 14, 2014
C.Ex.:
Registered dealer - demand on account of excess sale of certain steel products from BSO, Bhilai as compared to the quantity of those products received from the...
July 14, 2014
C.Ex.:
Duty of duty of excise as well service tax on the same transaction - sale and marketing of excisable goods i.e. tobacco products - Stay granted - AT
July 14, 2014
C.Ex.:
Interest on delayed refund - Just because the appellant by the letters had given up their claim for interest, they would not be estoppel from challenging the denial of...
July 14, 2014
C.Ex.:
Provisional assessment - Rule 7 of the Central Excise Rule, 2002 does not provide for order of provisional assessment by the department and the said Rule deals with only...
July 14, 2014
VAT:
Unauthorise realization of taxes by the petitioner from the cinema goers - scheme of exemption versus scheme of grant-in-aid - assessee to deposit the amount with the government - HC
July 14, 2014
VAT:
Recovery of the sales tax/ trade tax dues from directors - The mere fact that the Company has failed to pay the dues is by itself insufficient to invoke the doctrine of...
July 14, 2014
VAT:
Issuance of Form D - Commissioner committed a manifest error in its order issued under Section 59 of the Act in holding that a person engaged in the construction of...
July 14, 2014
I.Tax:
Remuneration paid to partners - remuneration is not specified - manner of computing the remuneration is not specified - remuneration payable is left to future mutual...
July 14, 2014
I.Tax:
Transfer pricing adjustments - determination of ALP - Functional profile not considered – transactions are akin to trading and cannot be considered activities of a...
July 14, 2014
I.Tax:
Addition u/s 69B – investments not fully disclosed - Average market value of land – AO could not have invoked the provisions of section 69B to fasten the addition on the...
July 14, 2014
I.Tax:
Application of section 40A(3) - purchase of mobile recharge vouchers on a wholesale basis - Involvement of cash payment – the disallowance made by the AO by invoking...
July 14, 2014
I.Tax:
Expenditure has clearly being incurred by the assessee on capital account for the purpose of share capital- the expenditure cannot be allowed as a revenue expenditure...
July 14, 2014
I.Tax:
Reopening of assessment u/s 147 - AO found depreciation to be excessive on the basis of tax audit report, the eligible depreciation certified by the tax auditor...
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