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Highlights / Annotations / Catch Notes For September of 2014
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September
September 2014
Year 2014
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Showing 1 to 50 of 349 Records
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September 30, 2014
S.Tax:
Valuation - inclusion of reimbursement of expenses - If the appellants have collected these charges and remitted the same to the shipping lines, the whole amount...
September 30, 2014
S.Tax:
Service Tax Voluntary Compliance Encouragement Scheme - Commissioner Service Tax to reconsider the issue in light of whether the earlier show-cause notice dated...
September 30, 2014
S.Tax:
Export of services - foreign exchange - Revenue was of the view that since the dividends have been repatriated and since dividends arise out of the appellant company’s...
September 30, 2014
S.Tax:
Clearing and forwarding agent service - Activity to receive the products manufactured/purchased or otherwise acquired by the Cipal at their premises and to store and...
September 30, 2014
C.Ex.:
CENVAT Credit on returned / damaged goods - Rule 16 of central excise rules, 2002 - re-winding or reconditioning of the yarn is impossibility and no credit on the return...
September 30, 2014
C.Ex.:
Availment of CENVAT Credit - appellant is not required to reverse Cenvat credit taken on the capital goods, which was procured and subsequently re-exported - AT
September 30, 2014
C.Ex.:
Manufacture - by cutting/slitting the jumbo rolls of paper and by placing the carbon paper in between two layers of the paper with the side punching would not amount to...
September 30, 2014
I.Tax:
Liability to deduct TDS u/s 195(1) – cost sharing agreement - utilizing intranet facilities - this Cost Sharing Agreement is only a device to avoid payment of tax - It...
September 30, 2014
I.Tax:
Income deemed to accrue or arise as per Explanation to Section 9(1)(i)(b) or not – Merely because the assessee do not place orders for purchase, in law it makes no...
September 30, 2014
I.Tax:
Interest expenses utilized for business purpose or not - - no material has been brought on record by the revenue either to demonstrate that the sarafi business was bogus...
September 30, 2014
I.Tax:
Refund of customs duty as part of incentive measure – the finding of the Tribunal that the amounts received by the assessee from the Central Government by way of refund...
September 29, 2014
S.Tax:
Valuation - scope of the term gross amount charged - Pre-amendment scenario i.e prior to 18-4-2006 - It is possible that the expression ‘gross amount charged’ might...
September 29, 2014
S.Tax:
Denial of CENVAT Credit - invoice of advertisement service and letter of the Bank as produced by the appellant in support of the input tax credit availed, does satisfy...
September 29, 2014
C.Ex.:
Interest on refund - when refund claim was resubmitted as per the direction of commission, the date of original filing of refund claim shall prevail and interest to be...
September 29, 2014
C.Ex.:
Classification of the product manufactured - In the absence of specific test report in support of the product and in view of the fact that the admittedly even at the...
September 29, 2014
C.Ex.:
Cenvat credit - denial of credit where benefit of Advance Authorization was not availed - credit cannot be denied - AT
September 29, 2014
C.Ex.:
The fact is that as a dealer, the appellants indulged in such a deliberate and blatant act to issue invoices without the related goods - levy of penalty confirmed - AT
September 29, 2014
C.Ex.:
100% EOU - Whether the DTA entitlement considered and fixed by the Development Commissioner can be questioned by the excise authorities or not and if there is any error...
September 29, 2014
C.Ex.:
Irregular availment of Cenvat credit - appellant is liable to discharge interest liability on the Cenvat credit wrongly taken from the date of taking of the credit till...
September 29, 2014
I.Tax:
Classification of expenses -the expenditure made was at the best for continuing the benefit for one year - such payment cannot be categorized as capital in nature as no...
September 29, 2014
I.Tax:
Claim of deduction u/s 80IB – income from power generated by the Wind Mill - captive consumption of the power generated by the assessee from its own power plant would...
September 29, 2014
I.Tax:
Allowability of Dairy Co-operative Society Development charges – assessee has also charged 'Cess' @1% of the sale value from milk unions for which receipts have been...
September 29, 2014
I.Tax:
Joint and several liability to make payment u/s 179(1) – Liability of directors – In the absence of any finding that non recovery of the tax due from the company can be...
September 29, 2014
I.Tax:
Levy of penalty u/s 271(1)(c) – Gold seized and confiscated by the Central Excise Department owned by the brother of the applicant - Once it is treated as loss,...
September 28, 2014
S.Tax:
Levy of service tax on bill discounting facility - collection of interest, against bill discounting facility - this activity is exempted from service tax - AT
September 28, 2014
S.Tax:
Export of Insurance Auxiliary Services - receipt of re-insurance brokerage commission - brokerage received from overseas re-insurers - appellant does not have a prima facie case - AT
September 28, 2014
S.Tax:
Works contract services - lift irrigation schemes - lift irrigation schemes are within the socope of Notification No. 41/2009-S.T. - strong prima facie case in favour...
September 28, 2014
S.Tax:
Supply of Tangible Goods service - rental charges/hiring charges on the water meters installed in the places where water is supplied - Prima facie case is against the appellants - AT
September 28, 2014
S.Tax:
Refund of service tax - refund of service tax paid on Terminal Handling Charges besides Business Auxiliary Services would be available when received in or in relation...
September 28, 2014
C.Ex.:
The Cenvat credit of duty, if any paid on the intermediate products by the job workers, cannot be denied to the principal manufactures - AT
September 28, 2014
C.Ex.:
Recovery of excess refund claim sanctioned - after grant of refund, tribunal modified the order and reduced the amount of refund - there is no need for issuance of Show...
September 28, 2014
C.Ex.:
Stay application - Denial of CENVAT Credit - Jurisdiction in respect of input services distributor (ISD) - since the jurisdiction itself is in dispute, the applicant...
September 28, 2014
C.Ex.:
CENVAT Credit - duty paying documents - appellant has taken the credit on the basis of extra copy invoices, capital goods and invoices were on the name of other unit -...
September 28, 2014
Cus.:
Validity of SCN - Non application of mind - At the stage of show cause notice, the first respondent should only have an open mind. If his mind is closed with...
September 28, 2014
I.Tax:
Offense u/s 276B - principal officer - failure to pay the tax deducted at source - both the Courts erred in acquitting the directors of the company only because they...
September 28, 2014
I.Tax:
There is a distinction between setting up of a business and commencement of a business - it is only after the business is set up, that the expenses incurred in the...
September 28, 2014
I.Tax:
The cutting of trees, leaving the stump as required by the condition imposed by the forest department is not for generating income out of the trees, but for felling of...
September 28, 2014
I.Tax:
Partial disallowance u/s 14A r.w Rule 8D – since the exempt income does not form part of the total income, the expenditure which is directly related to income which...
September 28, 2014
I.Tax:
Reopening of assessment u/s 148 – Where there is even a modicum of enquiry on an issue arising during assessment proceeding under Section 143(3) of the Act, it shall...
September 26, 2014
S.Tax:
Exemption - generic principles of agency cannot be canvassed to expand the scope of exemption to the assessee, since the exemption Notification clearly limits the grant...
September 26, 2014
S.Tax:
Renting of immovable property - The fact that the area of the land appurtenant to the building being more than the area of the building would not make any difference. - AT
September 26, 2014
S.Tax:
Import of services - if it is assumed that the branch has provided SSBC, service tax demand has to be made on their establishment in India which is nothing but the...
September 26, 2014
S.Tax:
Imposition of penalty - the appellate authority was within its jurisdiction not to levy penalty under section 76 of the Act having regard to the fact that penalty equal...
September 26, 2014
C.Ex.:
Finalization of provisional assessment – While finalizing a provisional assessment, the excess payment of duty can be adjusted against the short payment. - AT
September 26, 2014
C.Ex.:
Waiver of pre deposit - Manufacturing activity or not - The appellant cannot choose to discharge excise duty liability in some cases and not discharge duty liability in...
September 26, 2014
C.Ex.:
Classification of goods - classification of Calcutta Meetha Pan - classifiable under CETH 20.01 prior to March, 2005 and under CETH 20.08 on or after March, 2005 - AT
September 26, 2014
C.Ex.:
CENVAT Credit - appellant would be liable to reverse the credit, if any, taken on such inputs/input services which have been used in the generation of electricity which...
September 26, 2014
C.Ex.:
Clandestine removal - if the statements of the concerned persons are out of their volition and there is no allegation of threat, force, coercion, duress or pressure,...
September 26, 2014
C.Ex.:
Claiming exemption on extracting gold from gold ore - there cannot be any dispute that appellants are converting gold ore into Dore bar and gold ore cannot be...
September 26, 2014
C.Ex.:
Interest under Section 11AB - Differential duty - A principle laid down or a ratio laid down in the case of transaction between two parties by the Hon’ble Supreme Court...
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Highlights September September 2014 Year 2014
