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Highlights / Annotations / Catch Notes For August of 2013
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Showing 501 to 550 of 550 Records
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August 5, 2013
VAT:
Exemption from CST - the higher rate of tax payable for non compliance of the amended provisions of Section 8 (5) namely non production of Form C/D, cannot be taken to...
August 3, 2013
S.Tax:
Taxable Service - franchise of the school (DPS) - classification - Whether any taxable service under any category was provided by the assesse - services provided by the...
August 3, 2013
C.Ex.:
CENVAT credit in case the final product is exempted from payment of duty - Appellant was entitled for CENVAT Credit on proportionate plastic granules which generated...
August 3, 2013
C.Ex.:
Cenvat Credit - merely because the Appellant manufactures exempted goods, that would be no justification to disallow to it the benefit of availing of Cenvat credit on...
August 3, 2013
C.Ex.:
Cenvat Credit on GTA services for outward transportation charges - cenvat credit of the service tax paid on the outward transportation is eligible and allowed - AT
August 3, 2013
Indian Laws:
Jurisdiction of the Court to decide the issue - MOA was executed at Kolkata and the performance of the contract was to be carried out in West Bengal. Merely because...
August 3, 2013
S.Tax:
Claim of 67% rebate on Erection, Commissioning and Installation Services. - no invoices have been brought in or shown to indicate that sales tax liability is discharged...
August 3, 2013
S.Tax:
Collecting the charges by the appellant from his customers and paying the same to Commodity Exchange for Computing Linkage, prima-facie, will not fall under the category...
August 3, 2013
S.Tax:
Removal of waste and housekeeping, in our considered view, prima-facie would get covered under the ‘Cleaning Services’, as removal of waste is nothing but cleaning of...
August 3, 2013
Cus.:
Import of Hazardous Waste – e-waste - Datagraphic Display Tubes which are used in computer monitors. - no permission of the Ministry of Environment and Forests (MOEF)...
August 3, 2013
Indian Laws:
Arbitration award - If respondents were entitled to invoke arbitration by virtue of Assessing Officer's disallowance of depreciation, respondents could have done so...
August 3, 2013
I.Tax:
When the specific case of the assessee was that the income arising from the sale of shares could not be treated as income from business, in fairness to the claim of the...
August 3, 2013
I.Tax:
Nature of income in the hands of land developer (vendor) - third party agreement with land owner - the receipt would attract capital gains at his hands - HC
August 3, 2013
I.Tax:
Notice u/s 148 - Change of opinion - If, in the process, AO made a legal error, the succeeding Assessing Officer cannot correct such an error, through the process of...
August 3, 2013
I.Tax:
Addition u/s 68 - the assessee had no justification for borrowing such amounts at high rate of interest, even without disturbing the well established principle of not...
August 3, 2013
I.Tax:
Deduction u/s 37(1) - Whether, payment of interest on delayed payment of instalments is penal in nature - Held No - It was simplicitor liability of interest on delayed...
August 3, 2013
I.Tax:
Transfer pricing adjustment - No need for provision of +/- 5% range for CPM of the arm's-length price as there are no comparable prices in the instant case providing a...
August 3, 2013
I.Tax:
Penalty u/s 271(1)(c) - The assessee has not failed to offer any explanation and the explanation of the assessee was not found to be false & has made bona-fide...
August 3, 2013
I.Tax:
Levy of Fringe Benefit Tax (FBT) - The assessee being a company, the club expenses incurred would be so only for its employees and, therefore, in clear view fall to be...
August 3, 2013
VAT:
Purchase tax paid in the State of U.P. Reassessment - Adjustment of tax paid on purchase of paddy - the purchase tax paid in the State of U.P. cannot be adjusted against...
August 2, 2013
C.Ex.:
Fictitious purchase - Modvat credit - No manufacturing activity started - Caveat emptor -It was for the buyer to establish that he had no knowledge about the genuineness...
August 2, 2013
S.Tax:
The sugar cane belongs to the sugar factory in terms of the agreement of sale executed between the farmers and the sugar factory. Therefore, the activity undertaken by...
August 2, 2013
S.Tax:
Online Database Access or retrieval Service - Computer Reservation System“ (CRS)/Globai Distribution System (GDS) - A detailed order of difference of opinion - referred...
August 2, 2013
I.Tax:
Gift u/s 56(2)(v) - Gifts/awards on winning of the Olympic Medal - in the case of the assessee, viz., Shri Abhinav Bindra, all the rewards/prizes/gifts received by him...
August 2, 2013
Indian Laws:
ST-3 - eFiling Offline Utilities/Schema for the Half Year ending March 2013
August 2, 2013
Cus.:
Export duty - Movement of goods from DTA to SEZ unit - Validity of circular levying duty - there was no provision in the SEZ Act to levy duties of customs (export duty) - HC
August 2, 2013
I.Tax:
When the claim is allowable then why it should not be allowed as per law. Genuineness of the claim is not doubtful. Therefore, the restricted claim under Section 80M of...
August 2, 2013
I.Tax:
Exemption u/s 11 - Benefit u/s 13 - It has not been mentioned that the funds were misappropriated and were not utilized for the purpose according to the objects of the...
August 2, 2013
I.Tax:
Principle of res-judicata or estoppal is not applicable in the income tax proceedings, as each assessment year is an independent assessment year. - But fact remains that...
August 2, 2013
I.Tax:
Valuation u/s 50C - Reference not made to DVO - Assessing Officer ought to have referred the valuation of the capital asset to the Valuation Officer, whereas, the...
August 2, 2013
I.Tax:
There was an indirect benefit to Shri P. Subramani, Managing Trustee of the assessee - Trust and this fell clearly within the scope of Section 13(1)(c) r.w.s. 13(2)(a)...
August 2, 2013
I.Tax:
Addition on account of notional interest - it can be concluded that till the conclusion of sale deed amounts advanced continued to be for acquisition of assets - additions deleted - AT
August 2, 2013
I.Tax:
Loss from foreign exchange transaction in the forward market - speculative loss v/s business loss - assessee was entitled to claim deduction in respect of payment made...
August 2, 2013
Wealth-tax:
Inclusion of asset for wealth tax - It is a fact that assessee had sold a plot of land to one developer and except for the conveyance deed all legal formalities were...
August 2, 2013
VAT:
Dishonor of the cheques issued during search proceedings - Now since the Commercial Tax Tribunal has passed the order by which the security has been reduced and that the...
August 2, 2013
VAT:
Levy of CST or LST - local sales or interstate sale - it is not enough that the buyer takes delivery of the goods from the seller for the purposes of dispatching them...
August 1, 2013
C.Ex.:
The entire Central Excise Tariff Act is now aligned with HSN tariff and hence if there is no dispute that the appellant is manufacturing Chlorinated Paraffins/...
August 1, 2013
S.Tax:
Computer Reservation System (CSR) – Commission received by the petitioner from M/s Amadeus for using its software and hardware falls under the category of Business...
August 1, 2013
S.Tax:
Service Tax on Works contract - Levy prior to 01.06.2007 - difference of opinion - matter referred to larger bench
August 1, 2013
S.Tax:
Quantum of fees to be charged from the appellants in case of appeals before CESTAT dealing with refund/rebate of Service Tax – No fees is payable on appeals relating to...
August 1, 2013
Cus.:
Validity of detention order - where proceedings such as the one contemplated under Section 7 of the COFEPOSA Act were initiated consequent upon absconding of the...
August 1, 2013
VAT:
Levy of import fee on import of rectified spirit - State have not been able to justify the impugned levy on rectified spirit on the basis of services provided in lieu...
August 1, 2013
I.Tax:
Disallowance of interest u/s 40A(2)(b) - money was first diverted by the assessee from his business as a gift to the three persons and thereafter the same money was...
August 1, 2013
I.Tax:
Deduction u/s 10B - designer products - manufacturing activity for export of handicraft items of dried parts of plants - The process that the assessee had undertaken...
August 1, 2013
I.Tax:
Disallowance of depreciation - Vehicles registered in the names of the purchasers and financed by the assessee under a hire purchase agreement - depreciation allowed - HC
August 1, 2013
I.Tax:
TDS u/s 194J - whether TDS is to be deducted on the amount payable on account of service tax or not - ITAT set aside the demand - tribunal order sustained being no...
August 1, 2013
I.Tax:
Application of Section 44BB - AO did not make any inquiry, whether the assessee had a fixed place of business or profession in India or a permanent establishment in...
August 1, 2013
I.Tax:
TDS on Payment toward stake money u/s 194B - Assessee in default u/s 201(1) - if aggrieved, the petitioner has to pursue the remedy of appeal available under the...
August 1, 2013
I.Tax:
DVO's report may be a useful tool in the hands of the AO, nevertheless it is an estimation and without there being anything more, cannot form basis for additions u/s 69B...
August 1, 2013
VAT:
Purchase from unregistered dealer - assessee had failed to establish purchase of machine crushed stone blasts of 65 mm, which he had admittedly supplied to N.T.P.C. from...
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H
: Reopening of assessment u/s 147 - second re-assessment notice u/s 148A...
H
: Reopening of assessment u/s 147 - non independent application of mind ...
C
: Extension period for 3 months to Ortho-phosphoric Acid which is used f...
H
: TDS u/s 194H - Higher rate of TDS @20% in absence of PAN - Commission ...
H
: Validity of assessment order u/s. 147 r.w.s 144 - Assessee being Non-R...
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
H
: Denial of deduction u/s. 10(23C) - Despite the filing of Form 10B duri...
H
: Rectification u/s 154 - Characterization of receipts - Exemption of in...
H
: Reopening of assessment u/s 147 - absence of valid approval to be obta...
H
: Revision u/s 263 - debatable issue - taxability of interest received b...
H
: Deduction u/s 80P2(a)(i) - Interest on fixed deposits - The Appellate ...
N
: Streamlining of Halal Certification Process for Meat and Meat Products
H
: Revocation of Customs Broker license - The Tribunal found no evidence ...
H
: Valuation of exported CD ROMS - Import of goods by availing excess exp...
H
: Seeking grant of bail - custody for more than 41 days - Smuggling - Go...
H
: Approval of scheme of amalgamation - Application of the Alter Ego Prin...
H
: Arbitral Proceedings - Computation of one-year period for completing t...
H
: Rejection of application filed by the Appellant (Suspended Director) b...
A
: GST COLLECTION – NET COLLECTION DESERVE PUBLICATION/ REPORTING INSTEAD...
A
: Demand should not be raised when negative taxable and invoice value ar...
A
: Various Types Of Trusts and Their Importance
A
: IGST is not payable under RCM for services in Free-on-Board and Cost I...
F
: Bill To a Overseas Company Supply of goods Locally
N
: Amendment in Notification No. 60/2022 dated the 10th June, 2022 read w...
A
: MEETING OF CREDITORS - INSOLVENCY RESOLUTION PROCESS - PERSONAL GUARAN...
A
: Goods seized cannot be released by invoking writ jurisdiction if no ap...
A
: Various Types of Charges on Property
A
: Assessment Order quashed when Assessee incorrectly reported turnover i...
A
: Guidelines for AOs for initiating proceedings u/s 147 of I.T. Act, 196...
A
: Navigating the Business Landscape: The Imperative of Effective Cost Ma...
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Highlights August August 2013 Year 2013
