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Highlights / Annotations / Catch Notes For August of 2014
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August
August 2014
Year 2014
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Showing 101 to 150 of 355 Records
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August 23, 2014
C.Ex.:
Denial of refund claim - Unjust enrichment - Duty paid twice - e appellants are entitled for refund claim for duty paid on Ethanol - unjust enrichment is not applicable - AT
August 23, 2014
Cus.:
Prohibited goods - redemption of confiscated goods - import of Car Radial Tyres - absence of valid BIS certificate with reference to the Pneumatic Tyres and Tubes for...
August 23, 2014
Cus.:
Preference of charge / recovery - secured creditors or customs duty payable - the petitioner being a secured creditor had the first charge to recover the amount - HC
August 23, 2014
I.Tax:
Unexplained gifts – Donee denied to make gifts – transaction is not genuine but colorable – money is routed indirectly from the firm to the assessee's account under...
August 23, 2014
I.Tax:
The income received by the assessee by letting out fully furnished office premises and furniture is required to be assessed under the head income from other sources - HC
August 23, 2014
I.Tax:
Genuineness of gift - The gifts were found to have been made without any occasion or out of love and affection and it were rightly considered by the AO as not genuine - HC
August 23, 2014
I.Tax:
Exemption to be granted as provided u/s 13(1)(d) or total denial u/s 11 – there is a vital difference between eligibility for exemption and withdrawal of...
August 23, 2014
I.Tax:
Foreign gifts received - NRI gift could not be accepted as genuine unless the assessee was able to prove natural love and affection and financial capacity of the donor - HC
August 23, 2014
I.Tax:
Doctors to be treated as employees or not – Tribunal rightly found that there is no employer and employee relationship and the payment cannot be treated to be salaries...
August 23, 2014
I.Tax:
Assessee has immediately sold the shares after the conversion - CIT(A) was justified in confirming the gains arising on sale of shares as the business income of the...
August 23, 2014
I.Tax:
Since manual return of income was furnished well before the due date, the assessee has complied with the substantive provisions of the Act - deduction u/s.80-IC cannot...
August 22, 2014
S.Tax:
CENVAT Credit - input services - Training & coaching service - Expenses incurred by way of brokerage for finding accommodation for its faculty - credit allowed - AT
August 22, 2014
C.Ex.:
Valuation - Transaction value or MRP based value - ceramic tiles - different class of buyers viz. Builders/contractual/ industrial/hospitals, hotels etc. were covered...
August 22, 2014
C.Ex.:
Just because the medical grade oxygen manufactured by a manufacturer and sold by him to his customers was further sold to other dealers for non-medical, use the...
August 22, 2014
C.Ex.:
Denial of CENVAT Credit - credit was sought to be passed on without invoices being accompanied by the goods - levy of penalties confirmed - AT
August 22, 2014
C.Ex.:
CENVAT Credit - input services on advertisement charges paid by one unit - product manufactured by the other unit - is apparent that input service credit on...
August 22, 2014
C.Ex.:
Condonation of delay - Inordinate delay of 406 days - Improper advise given by Advocate - the argument not supported by any other evidence and/or affidavit of the concerned person. - HC
August 22, 2014
I.Tax:
Penalty u/s 271(1)(a) – reasonable cause for late filing of return – question of mens rea does not arise or require consideration when we examine the question of penalty...
August 22, 2014
I.Tax:
Assessment u/s 153A – Invocation of power of revision u/s 263 - Commissioner did not have jurisdiction to initiate any proceedings u/s 263 - HC
August 22, 2014
I.Tax:
Nature of expenses – Capital or revenue – Any expenditure incurred by the assessee towards repairing the premises taken on rent if he has undertaken to bear the cost of...
August 22, 2014
I.Tax:
Where the purpose of a trust or institution is relief of the poor ; education or medical relief, it will constitute “charitable purpose“ even if it incidentally involves...
August 22, 2014
I.Tax:
Liability to pay capital gains - taxable in the assessment of income for the assessment year when the agreement was entered into and possession was given - actual...
August 22, 2014
I.Tax:
Genuineness of gift – Unless the recipient has proved the genuineness thereof, the gift can very well be treated to be an accommodation entry of the assessee's own...
August 22, 2014
I.Tax:
Power of Income-tax Settlement Commission u/s 245D(2C) – There is no requirement that for an application to be entertained by the Commission, the applicant must declare...
August 22, 2014
I.Tax:
Power of Income-tax Settlement Commission u/s 245D(2C) – no provision would permit the Commission not to deal with the validity of the application at the stage of...
August 21, 2014
S.Tax:
Business Auxiliary Service - Whether process of milling/ grinding of wheat into “maida“, “suji“, “atta“ and “bran“ flour would amount to manufacture - Held yes, stay granted - AT
August 21, 2014
S.Tax:
Joint venture / consortium partner agreement - sharing of revenue - one partner paid the service tax - prima facie case is in favor of assessee - AT
August 21, 2014
S.Tax:
Valuation - inclusion of material supplied by the customers - free supply of material shall not be includable in the taxable service under the category of Works Contract Service. - AT
August 21, 2014
C.Ex.:
Denial of MODVAT Credit - split of consignment - Tribunal was correct in denying the Modvat Credit in respect of clearance made in violation of Rule 52A(4) based on...
August 21, 2014
C.Ex.:
Refund / Rebate claim - Export of goods - Rule 18 - orders are beyond the show cause notice - matter remanded back - HC
August 21, 2014
Co.Law:
Dishonour of Cheque - proceedings initiated by the appellant under Section 138 of the Negotiable Instruments Act, 1881 - Validity of handwritten note (Notice) sent by...
August 21, 2014
I.Tax:
Capital gain on sale of shares of Indian company - there can be no recourse to Explanation 5 to enlarge the scope of Section 9(1) of the Act so as to cast the net of tax...
August 21, 2014
I.Tax:
Addition u/s 68 – Share application and share premium amount credited but not proved - When the nature and source of the amount so invested is known, it cannot be said...
August 21, 2014
I.Tax:
Penalty u/s 271D – Cash loans received from creditors – the genuineness of the creditors have been verified and the transactions were never doubted by the Authorities...
August 21, 2014
I.Tax:
Rate of tax - income of Trust - Merely because 50% of the income and their respective shares were to be accumulated as a special fund in the hands of the trustees for 19...
August 21, 2014
I.Tax:
Centralized processing of statements of tax deducted at source (TDS returns) - hen the scheme itself envisages that the intimation must be issued so as to call for a...
August 21, 2014
I.Tax:
Claim of deduction u/s 80IB(3) – Status of SSI ceased in 9th year - Merely because an industry stabilizes early, makes profits, makes future investment in the said...
August 21, 2014
I.Tax:
Deduction u/s 10A – If any technical service is rendered in the course of export of computer software then the expenditure incurred in that regard cannot be excluded - HC
August 21, 2014
I.Tax:
Nature of amount received in pursuance of Consent decree by HC – Authorities below rightly treated this sum as a receipt falling under Section 28(iv) of the I. T. Act - HC
August 20, 2014
S.Tax:
Computer Reservation System (CRS / GDS) - services relating to the reservation of ticket availability position through on line computer system - demand of service tax...
August 20, 2014
S.Tax:
Franchisee service - registration of website domain names - Reverse charge mechanism - no service tax is leviable under the franchise service - AT
August 20, 2014
S.Tax:
Information technology service - Inasmuch as the appellant has discharged the sales tax/VAT liability on such software, there is merit in the contention of the appellant...
August 20, 2014
S.Tax:
Adjustment of excess tax paid - the excess amount of tax paid during the month can be adjusted against his tax liability during other months and in this regard, there...
August 20, 2014
S.Tax:
Order beyond the scope of show cause notice - appellate authority having moved outside the scope of the show cause notices or the impugned order, makes the order passed...
August 20, 2014
C.Ex.:
Imposition of penalty equivalent to duty demanded vide Section 11AC - penalty under Section 11AC of the Act cannot be set aside merely on the ground that the duty was...
August 20, 2014
I.Tax:
Exemption u/s 10(23C)(iiiad) – computation of limit of ₹ 1 crores - sale proceeds of land and bonds cannot be equated to annual receipts as stated u/s 10(23C) - HC
August 20, 2014
I.Tax:
Unsecured loan obtained from companies u/s 68 – Creditworthiness and genuineness of transaction – assessee was rerouting its own funds was based on surmise - no addition - HC
August 20, 2014
I.Tax:
Grant of recognition u/s 80G(5) - registration cannot be refused on the ground that in the past for some period the petitioner had not applied 75% of the income of the...
August 20, 2014
I.Tax:
Whether the electricity unit is an undertaking for the purpose of Section 80-IA and whether “profit and gain“ from captive consumption of electricity supplied from the...
August 20, 2014
I.Tax:
Reopening of assessment – Period of limitation u/s 153 - consequence of or to give effect to any finding or direction in pursuance of order for another year - bar of...
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: Grant of temporary bail on medical grounds - twin provisions of Sectio...
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: Admission of Section 7 Application - CIRP - The case involved an appea...
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: Seeking grant of Regular bail - Money Laundering - the Delhi High Cour...
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: Money Laundering - The petitioner sought exemption from personal appea...
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: Levy of service tax on Directors Salary - The Appellate Tribunal ruled...
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: The case involved a dispute over the taxation of reimbursements, exces...
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: Levy of service tax on rebate/subsidy received from Suzuki Japan - Ref...
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: Refund of service tax deposited by mistake of law -The Tribunal conclu...
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