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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 101 to 150 of 349 Records
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September 20, 2014
C.Ex.:
CENVAT Credit - plastic crates were being used for the safe transportation of the goods from the place of the manufacture to the place of consignee and the cost of...
September 20, 2014
C.Ex.:
Seizure of goods - Discrepany in RG-1 Register - on an earlier occasion similar discrepancy of the goods not being accounted for in the R.G.-1 register had occurred and...
September 20, 2014
C.Ex.:
Refund claim of amount of cenvat credit reversed wrongly - when the amounts were paid by the appellant and appellant cannot claim a mistake on his part - AT
September 20, 2014
I.Tax:
Claim on corporate social responsibility – Expenses incurred wholly and exclusively for the purpose of business - upliftment of the Adivasis in the locality - claim...
September 20, 2014
I.Tax:
Exemption u/s 54 – computation of LTCG - The mere filing of a SLP or a Civil Appeal by a party cannot be a ground for either seeking a reversal of the order or for...
September 20, 2014
I.Tax:
Royalty paid treated as capital expenses - the assessee company did not obtain any proprietary or ownership right of trademark or knowhow, no asset was created or...
September 20, 2014
I.Tax:
Business income treated as income from house property – the mere fact of attachment of income to any immovable property cannot be the sole factor for assessment of such...
September 19, 2014
C.Ex.:
Valuation - sale from depot - Tribunal had erroneously proceeded on the basis that the price based on which, benefit claimed is the prevailing price at the depot on the...
September 19, 2014
VAT:
Purchase of DEPB against C Forms - any defalcation or violation of the declaration, at the hands of the purchasing dealer, who issued the 'C' Form; would be liable to be...
September 19, 2014
I.Tax:
Interest income had not been derived from export of article or things or computer software - the assessee was not entitled to deduction u/s 10B in respect of interest income - AT
September 19, 2014
I.Tax:
Order u/s 158BC r.w. section 254 – the period of time stipulated u/s 158BC being not less than 15 days therefore, the notice allowing the assessee to file the return...
September 19, 2014
I.Tax:
Levy of penalty u/s 271(1)(c) – Limitation period u/s 275(1)(a) -hile deciding the question of limitation as mentioned in the section, penalty order passed by the AO was...
September 19, 2014
I.Tax:
Penalty u/s 271D – Sufficient cause as provided u/s 273B – It was a widespread, even if erroneous, belief that the provisions of Section 269 SS do not apply to the...
September 19, 2014
I.Tax:
Determination of income – In case of industrial, commercial and scientific experience, if services are being rendered simply as an advisory or consultancy, then it...
September 19, 2014
I.Tax:
Nature of payment – capital or revenue - Whether the royalty paid and the technical guidance fee paid in terms of the Technical Collaboration Agreement are in the...
September 19, 2014
I.Tax:
Penalty u/s 271(1)(c) - aggrieved person - filing appeal on behalf of company - since he was neither the director nor the authorized signatory at time of filing of...
September 18, 2014
S.Tax:
Valuation - Goods Transport Agency - inclusion of amount received towards hamaii charges and handling charges - demand confirmed - HC
September 18, 2014
S.Tax:
Import of services - programme producer's service - non-residents, were required to produce audio-visual coverage of the cricket matches conducted by BCCI and the...
September 18, 2014
S.Tax:
Refund claim - issue of taxability - period of limitation - service tax was paid as builder/developer prior to 1.7.2010 - claim of refund by the buyer of flats - refund...
September 18, 2014
S.Tax:
Classification of service - incidental activity - scope of the contents of agreement - Storage and Warehousing services or not - MIPL is running a container freight...
September 18, 2014
C.Ex.:
North East Exemption 32 and 33/1999-CE, dated 8.7.1999 - recovery proceedings - non issuance of SCN - It would not be appropriate to give an opportunity to the appellant...
September 18, 2014
Cus.:
Failure to fulfil the export obligations - The licence granted a time limit of eight years for the petitioner to fulfil the export obligations. Even before the expiry of...
September 18, 2014
Cus.:
Restoration of appeal - approval for delayed receipt of foreign exchange received late - tribunal dismissed the appeal for non-compliance of order of pre-deposit - ...
September 18, 2014
I.Tax:
Income from inherit property - Status of three brothers - Individual status or Association of persons (AOP) - This basic test to determine the status of AoP is absent...
September 18, 2014
I.Tax:
Failure to deduct TDS – Offence u/s 194A – Complaint u/s 482 Cr.P.C read with section 276B of IT Act – mere failure to deduct tax is no longer offence under Section...
September 18, 2014
I.Tax:
Levy of surcharge on tax u/s 113 - Block assessment u/s 158BC - Effective date of proviso appended to Section 113 of the Income Tax Act vide Finance Act, 2002 - the...
September 18, 2014
I.Tax:
Allowability of exemption u/s 11 – the Tribunal concludes that the Assessee is giving training in the area to seamen - All the courses may not be approved by the...
September 18, 2014
I.Tax:
Power of CIT(A) to enhance the income - He could have done that only after issuing a notice u/s 251(2) - Since no such notice was issued, the order dated 13.03.1997...
September 18, 2014
I.Tax:
Entitlement for claim of depreciation on tanker – he tanker was not used during the closure of the accounting year – thus, the order of the Tribunal denying the...
September 18, 2014
I.Tax:
Claim of deduction u/s 80IB for Unit II – The new unit has also not been formed by transferring to the new business machinery and plant previously used for any purpose -...
September 17, 2014
S.Tax:
Refund of cenvat credit - Export of services or not - services provided from India or not - onsite work undertaken at customer’s premises - software development service...
September 17, 2014
VAT:
CST - If there is in- severable link between the local sale or purchase and export and if it is clear that the local sale or purchase between the parties is inextricably...
September 17, 2014
I.Tax:
Treatment of income – land sold by the assesses was stock-in-trade of the dissolved firm - Tribunal had no material to come to the conclusion that the land sold by the...
September 17, 2014
I.Tax:
Genuineness of purchases - AO rightly rejected the books of account and made the additions on estimate basis - jugglery of book entries has been played - HC
September 17, 2014
I.Tax:
Remission of tax u/s 88E – Computation of profit u/s 115JB - The amount of remission u/s 88E would get reduced from the tax payable under the two methods/manners of...
September 17, 2014
I.Tax:
Penalty u/s 271FA – AIR information not furnished by Sub Registrar - filer of the returns was habitual defaulter without any concern or respect for the law - HC
September 16, 2014
S.Tax:
Import of services - Business Exhibitions conducted abroad - Technical Inspections were done outside India - Since, these services are performed outside India there is...
September 16, 2014
S.Tax:
Business auxiliary services - the addition of additives in their own units and selling to their customer, cannot be treated as a service provider - AT
September 16, 2014
C.Ex.:
Stay Application under Section 35F - Non appearance of assessee - The matter is remitted to the Tribunal to decide the application for pre-deposit afresh in accordance...
September 16, 2014
Cus.:
Restoration of appeal before tribunal - It prima facie appears to us that as such there was no malafide intention on the part of the petitioner in prolonging the hearing...
September 16, 2014
Cus.:
Condonation of delay of 413 days in filing the appeal before the Tribunal - appellant had categorically stated in his petition about his illness - delay condoned - HC
September 16, 2014
Cus.:
Directions in DGFT Policy Circular, to reopen the SFIS cases and to make recoveries in accordance with decisions taken at PIC meeting of 5-7-2010, is quashed and set aside - HC
September 16, 2014
I.Tax:
TDS Credit - Whether the Tribunal is right in holding that the assessee is not entitled to the credit of tax deducted at source on the amounts paid on sub- contract...
September 16, 2014
I.Tax:
Application of section 14A r.w rule 8D – When there is a mixed account and the assessee is carrying on the business, it is practically impossible to specify which...
September 16, 2014
I.Tax:
Educational activity or not – it simply providing the services to various Government Agencies both Indian & Overseas to hold seminars, to educate people in the areas of...
September 16, 2014
I.Tax:
Unapproved revenue expenditure if not allowable u/s 35(2AB) of the Act, in absence of approval from DSIR, certainly can be allowed as deduction u/s 35(1)(i) and 37(1) of...
September 16, 2014
I.Tax:
Imposition of penalty u/s 271(1)(c) – mere admission of appeal by the High Court is sufficient to debar the penalty levied u/s.271(1)(c) of the Act - AT
September 16, 2014
I.Tax:
Imposition of penalty u/s 271(1)(c) – the penalty imposed for disallowing claim of expenditure on foreign education and foreign travelling cannot be upheld - AT
September 15, 2014
S.Tax:
Availing cenvat credit while availing benefit of abatement notification no. 1/2006-ST - appellant agree to reverse the entire cenvat credit taken with respect to common...
September 15, 2014
S.Tax:
Waiver of penalty u/s 80 - penalty imposed u/s 78 for short payment - Further no bonafide could be proved as no reasonable ground could be shown by the respondent. -...
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: Reconciliation of Eway bills
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: Refund of IGST Charged and collected from Foreign Customer on Export o...
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: Levy of penalty - non filling up of Part B of the e-Way Bill - existen...
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: Violation of principles of natural justice - The court observed that w...
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: Rejection of the petitioner’s claim for budgetary support - Violation ...
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: Validity of determination of GST liability (demand) u/s 73(1) - Reject...
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: Blocking the input tax credit against the petitioners - The High Court...
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: Faceless Assessment Center u/s 144-B - territorial jurisdiction - The ...
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: Non-jurisdictional AO proceeding with the assessment - decentralizatio...
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: Deduction u/s 80-O - brandishing newspaper cuttings as proof to show i...
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: Condonation of delay in filing of revised return of income - CBDT reje...
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: Assessment completed u/s 144C against a petitioner/Non-Resident Indian...
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: Exemption u/s 10(23C)(iiiad) - Threshold limit of Rs. 1 Crore - The Ap...
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: Denial of deduction claimed under Chapter VI-A i.e. Section 80G/ 80GGA...
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: Levy of penalties under various sections - The Appellate Tribunal, in ...
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: Application seeking approval u/s 80G(5)(vi) rejected - Assessee is pre...
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: Revision u/s 263 - Bogus LTCG/Share transaction - as per CIT AO failed...
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: Mohit Agarwal Vs. CIT (All)- Appeal of assesse was earlier admitted th...
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: DEPRECIATION ON GOODWILL
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: Deciphering GST Notices: A Comprehensive Guide to Understanding and Re...
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: ITC CLAIMED AFTER DUE DATE
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: INQUIRY BY THE APPELLATE AUTHORITY
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: Extension in Import Period for Yellow Peas under ITC (HS) Code 0713101...
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