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Highlights / Annotations / Catch Notes For September of 2014
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Highlights
September
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Year 2014
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Showing 151 to 200 of 349 Records
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September 15, 2014
S.Tax:
Valuation of service - the value of goods used for repair would not be includible in the assessable value of service - HC
September 15, 2014
C.Ex.:
Power driven pump - What is driven by the power is the parts of the bowl assembly. The column and shaft assembly and discharge head assembly remains stationary and are...
September 15, 2014
Cus.:
Whether for the purpose of importing toys, the representative samples are to be sent to testing laboratory and if found to be in conformity with the requirement of law,...
September 15, 2014
I.Tax:
Whether the process of drawing wire of thinner gauge from wire or rods of thicker gauge, followed by finishing processes like annealing would amount to manufacture or...
September 15, 2014
I.Tax:
Penalty u/s 271FA – Protection u/s 273B - Proper information not furnished by assessee – delay in furnishing the requisite AIR information by the appellant - bonafide...
September 15, 2014
I.Tax:
Valuation report u/s. 142(A) – the basic pre-requisite of sec.142A is satisfaction of the AO - When the AO makes a reference at the behest of the CIT(A), the valuation...
September 15, 2014
I.Tax:
Computation of STCG in reassessment proceedings – transactions for sale of land as well as the sale of super built up area - The working made by the learned first...
September 15, 2014
I.Tax:
Rectification of mistake u/s 154 – Withdrawal of interest u/s 244(1A) – the issue dealt by the AO in the rectification order u/s. 154 of the Act cannot be said to be a...
September 13, 2014
S.Tax:
Business Transfer Agreement - Service Tax liability which has already been discharged, cannot be again recovered from the appellant, who has taken-over the business from...
September 13, 2014
S.Tax:
Renting of immovable property - Notional interest on interest free security deposit cannot be added to the rent agreed upon between the parties for the purpose of levy...
September 13, 2014
S.Tax:
Levy of service tax on SIM Cards - tribunal held that where service provider voluntarily paid sales tax on the value of SIM cards no service tax would be levied - with...
September 13, 2014
S.Tax:
Challenge to the issue of Show Cause Notice - when the present petition is against the show cause notice and the petitioner has yet to respond to the same, present...
September 13, 2014
C.Ex.:
Waiver of pre-deposit - Tribunal has proceeded to decide the matter extraneously without recording any satisfaction relating to the existence of a prima facie case,...
September 13, 2014
Cus.:
Reduction in the quantum of redemption fine and penalty - There is no statutory prescription that the penalty should not be reduced by the appellate authority - HC
September 13, 2014
Cus.:
Levy of Additional Customs Duty u/s 3(1) of CTA - CVD - Where no process of manufacture or production has taken place the imported articles cannot be subjected to the...
September 13, 2014
Cus.:
Cancellation of licence as Customs House Agent - Tribunal relied only on the record produced by the respondent and not by the adjudicating authority - matter restored...
September 13, 2014
Cus.:
Condonation of delay in filing appeal - sufficient reason - e Tribunal did not render any finding to whether the reason assigned is either false or incorrect or the...
September 13, 2014
I.Tax:
Entitlement for depreciation on cinematographic films @ 100% - rights are integral and form and represent rights of a film distributor - deduction of full claim allowed - HC
September 13, 2014
I.Tax:
Re-computation of interest payable u/s 201(1A) - liability for interest would be only for the period commencing from the date of such tax was deductible to the date on...
September 13, 2014
I.Tax:
Nature of rental income - assessee has not leased out the property merely as a land and building, but also with further conditions as to how the business of the...
September 13, 2014
I.Tax:
TDS - it is immaterial as to whether the tax deducted at source has been paid to the Central Government or not - the bar u/s 205 of the Income Tax Act prevents the...
September 13, 2014
I.Tax:
Cancellation of registration granted u/s 12AA – Nothing has been brought on record to show that obtaining of loans from the two private companies is in detriment to the...
September 13, 2014
I.Tax:
In the year of redemption of the 2% RCPS, the transactions cannot be presumed to be sham or bogus merely because it has resulted into long term capital loss - AT
September 12, 2014
S.Tax:
Industrial or Commercial Construction Services - benefit of abatement @67% - non inclusion of value of free of cost material supplied by the principle - Judicial...
September 12, 2014
S.Tax:
Management, Maintenance or Repair Service versus ‘Information Technology Services - software usage agreement - annual maintenance contract - period prior to 16/05/2008 -...
September 12, 2014
C.Ex.:
Maintainability of appeal - approval committee did not consist of two Chief Commissioners of Central Excise - The said power is exercised by the Committee of Chief...
September 12, 2014
Cus.:
Sub-letting their CHA licence without any authority of law - As all the charges are stands not proved - order revoking the CHA licence No. 11/427 and forfeiture of...
September 12, 2014
Cus.:
Levy of Anti-dumping duties on import of Mulberries Silk Grade IV A - demand confirmed - HC
September 12, 2014
VAT:
Denial of input tax credit - cancellation of the few traders with retrospective effect - failure to prove the actual purchase of the goods - credit was rightly denied - HC
September 12, 2014
VAT:
Constitutional Validity of section 15(2)(xi) of the KVAT Act - mandatory requirement to seek registration even if assessee not liable to sales tax - decided against the assessee - HC
September 12, 2014
I.Tax:
Exemption u/s 10A - assessee was rendering services as an employment agent - assessee was using information technology in scanning the data, processing it, conducting...
September 12, 2014
I.Tax:
Transfer of tenancy right - long term asset or short term asset - the tenancy rights were held for nearly 14 years and consideration received on surrender has been...
September 12, 2014
I.Tax:
Entitlement for 100% depreciation on value of cylinders purchased – an article whose cost is less than ₹ 5,000/- cannot form part of the block of assets much less...
September 12, 2014
I.Tax:
Section 69C of the Act would take in its sweep, not only of the expenditure which was reflected in the books of accounts about also the other items of expenditure...
September 12, 2014
I.Tax:
Validity of notice u/s 143(2) – it cannot be said that the decision of the AO to select the case for scrutiny in this system is not an independent decision of the AO - AT
September 12, 2014
I.Tax:
Treatment of compensation received – The amount was received because the assessee had given up its right to purchase and/or to operate the property - it is loss of...
September 11, 2014
S.Tax:
Those institutions or colleges, namely, parallel colleges, who are parties before this Court, who are preparing students to obtain certificates or diploma or degree or...
September 11, 2014
S.Tax:
Jurisdiction of tribunal to entertain appeal relating to rebate dispute arising under Finance Act, 1994 - claim of rebate on input service used in export of services - ...
September 11, 2014
S.Tax:
Whether adjudicating authority be directed to keep the matter pending till the Apex Court decides the appeal filed before it - no stay of operation of the order granted...
September 11, 2014
C.Ex.:
Denial of refund claim - Unjust enrichment - invoice showed composite price - there was no passing over of the duty to the consumers and there was no unjust enrichment. - HC
September 11, 2014
Cus.:
Deemed Export Benefits (DEB) - The matter in fact is not res integra. - money claim, suit for which has become barred by time / limitation, cannot be allowed in writ...
September 11, 2014
Cus.:
Condonation of delay in filing writ petition - five years gap - In the normal course of things limitation to file a suit for recovery or to agitate a claim against the...
September 11, 2014
Cus.:
Smuggling of goods - onus to prove - It is unfortunate that a Tribunal which is a specialised body, instead of applying its mind to the facts of this case, to the...
September 11, 2014
VAT:
Hiring of the cranes - Assam Value Added Tax Act, 2003 - transfer of right to use the goods for consideration - The transaction clearly involved transaction of right to...
September 11, 2014
I.Tax:
Assessee in default - failure to comply with TDS provisions -The Tribunal has proceeded on the assumption that the assessee has been denied a reasonable opportunity by...
September 11, 2014
I.Tax:
Nature of assessee – Industrial undertaking or not – the film production unit or Company is an industrial undertaking and therefore section 80IB of the Act can be invoked by it - HC
September 11, 2014
I.Tax:
Reassessment - it cannot be said that the Assessing Officer has no reason to believe that the income chargeable to tax has escaped assessment once it is held that the...
September 11, 2014
I.Tax:
Accrual of income - Compensation received for the loss of income – cash basis of accounting - assessee as admitted that he was following the cash system of accounting...
September 11, 2014
I.Tax:
Provisions of section 71(2) cannot be construed to give option to the assessee to carry forward business loss separately without set off of income arising out of short...
September 11, 2014
I.Tax:
Fees for technical services remitted to non-resident – TDS - there are significant distinction between the definition as prescribed u/s.9 of IT Act of “fees for...
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: Relaxation of additional fees and extension of last date of filing of ...
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: Uploading of judicial orders related to insolvency proceedings by Inso...
H
: The DGFT issued Notification No. 12/2024-25, to amend the import polic...
H
: The Securities and Exchange Board of India (SEBI) recently issued a no...
H
: The Foreign Exchange Management (Margin for Derivatives Contracts) (Fi...
H
: The Foreign Exchange Management (Deposit) (Fourth Amendment) Regulatio...
H
: Amendment to the List 34A and List 34B in the Appendix to the Table of...
H
: Export of food commodities through National Cooperative Exports Limite...
H
: Export policy of Onions - The revised policy allows the free export of...
H
: Notification No. 24/2024-Customs issued to amend specified customs tar...
H
: AIRs of Duty Drawback - Customs Notification No. 33/2024 signifies a t...
H
: Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold ...
H
: Regulation 38A as introduced to the existing Securities Contracts (Reg...
A
: DISTINCTION BETWEEN ‘DOCTRINE OF CONSTRUCTIVE NOTICE’ AND ‘DOCTRINE OF...
A
: The Benefits of Cloud Accounting for SMEs
H
: Maintainability of petition - availability of alternative remedy - Vio...
H
: Violation of principles of natural justice - The High Court found that...
H
: Retrospective cancellation of GST registration of the petitioner - The...
H
: Salary income - Taxability of fringe benefits or amenities provided to...
F
: ITC CLAIMED AFTER DUE DATE
F
: INQUIRY BY THE APPELLATE AUTHORITY
F
: GST PENALTY SECTION 122
N
: Extension in Import Period for Yellow Peas under ITC (HS) Code 0713101...
F
: Reconciliation of Eway bills
F
: E-Way Bill Generation-Transporter does not have GSTIN
N
: Exemption from specified income U/s 10(46) – ‘Tamil Nadu Electricity R...
C
: Margin for Derivative Contracts
C
: Amendments to the All Industry Rates of Duty Drawback effective from 0...
C
: Periodic reporting format for Investment Advisers
A
: TIMELINE FOR REFUND UNDER SECTION 38(3) OF THE DELHI VALUE ADDED TAX, 2004
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Highlights September September 2014 Year 2014
