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Highlights / Annotations / Catch Notes For September of 2014
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September
September 2014
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Showing 301 to 349 of 349 Records
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September 4, 2014
I.Tax:
LTCG on sale of agricultural land – Land constitute capital asset as defined u/s. 2(14) or not - the fact of non-agricultural use by the buyer will not alter the...
September 4, 2014
I.Tax:
Addition u/s 40(a)(ia) - Non deduction of TDS u/s.194C - Payments made to labour contractors for casual labor through single voucher - TDS not required to be deducted - AT
September 4, 2014
I.Tax:
Expenses on abandoned project – the expenditure has been incurred for the project which could not be accomplished and it was intended to facilitate the assessee's...
September 4, 2014
I.Tax:
Delay in depositing employee’s contribution to Provident Fund/ESIC - there is no ambiguity in the language of sections 2(24) (x)and 36(1)(v)of the Act - It is the...
September 4, 2014
I.Tax:
Transfer pricing Adjustment - determination of ALP u/s 92CA(6) - when the discounting factors are considered for transactions with unrelated party, then the data with...
September 3, 2014
S.Tax:
Waiver of pre-deposit of tax - Design Service - applicant has made out a case for waiver - Prima facie, demand of tax on design and development of tools would be justified - AT
September 3, 2014
S.Tax:
Waiver of pre deposit - Renting of immovable property service - revenue sharing basis agreement - e applicant has made out a case for waiver. - AT
September 3, 2014
C.Ex.:
Denial of CENVAT Credit - Supporting structure - as these structures were purchased as part of the plant therefore they are entitled for CENVAT credit - AT
September 3, 2014
C.Ex.:
Availability of CENVAT credit - endorsed invoices - capital goods - lease agreement - in the absence of any dispute to the factual aspect, the appellant is entitled to...
September 3, 2014
C.Ex.:
When there are two exemption notifications available for a product then it is upto the assessee to choose the exemption notification more beneficial to him. - AT
September 3, 2014
VAT:
Recovery of tax from successor company - The petitioner is estopped from raising such contention at this stage, for the reason that having availed the exemption the...
September 3, 2014
VAT:
Levy of entertainment tax on entertainment content in DTH services – The court must make every effort to uphold the constitutional validity of a statute, even if that...
September 3, 2014
I.Tax:
Deduction u/s 80IA - eligible profit - Interest received from employees - the equipment hire charges would not be entitled to special deduction u/s 80I of the Act - AT
September 3, 2014
I.Tax:
TDS not deducted on export commission paid -Section 9 of the Act is not applicable to the case, Section 195 of the Act does not come into play - HC
September 3, 2014
I.Tax:
Deemed dividend u/s 2(22)(e) - if the payment cannot be termed as loan or advance to the shareholder, then, even such a view cannot be termed in the given facts and...
September 3, 2014
I.Tax:
Agriculture land or not - Merely because of the fact that the land was sold in a short period of holding, it cannot be held that income arising from the sale of land was...
September 3, 2014
I.Tax:
LTCG on sale of wood – Sale of timber out of shade trees - Solely on the basis of some letter written by the Officer of the Government Department, the cost of...
September 3, 2014
I.Tax:
Deduction u/s 80IA(4) - Buffer agency granting work contract of local bodies on behalf of the Government of Gujarat and not as a developer of infrastructure facility - no deduction - AT
September 3, 2014
I.Tax:
Nature of the activity carried on by Trust - Religious or Charitable - merely because the assessee is not limiting itself to disbursing food medicine, providing shelter...
September 2, 2014
S.Tax:
CENVAT Credit - Appellant, authorized dealer of Hero Honda two wheelers, availed credit of tax paid on GTA service, insurance service and telephone services; utilized it...
September 2, 2014
S.Tax:
GTA Services - no justification in the view of Commissioner (Appeals) that in as much as it was the assessee who was required to pay the service tax as GTA recipient,...
September 2, 2014
C.Ex.:
CENVAT credit - fabrication of capital goods - in the absence of dispute of receipt of capital goods in the appellants' factory, their are duty paid character and use in...
September 2, 2014
Cus.:
Applicant imported Premier Flex 3000, Polyester Reinforced Black Finish, Polyester Reinforced Natural Granule Finish on “High Sea Sales“ basis and claimed exemption of...
September 2, 2014
Cus.:
Entitlement of refund claim - Jurisdiction - Their jurisdictional Deputy Commissioner is also the proper officer for the appellant. - AT
September 2, 2014
Co.Law:
Arbitration award - Once the Arbitrator has applied his mind to the matter before him, the Court cannot reappraise the matter as if it were an appeal and even if two...
September 2, 2014
I.Tax:
Enhanced compensation received – Taxability of amount u/s 45(5)(b) – The assessee or Revenue cannot take advantage of a wrong computation or failure to tax or erroneous...
September 2, 2014
I.Tax:
TDS not deducted u/s 195 - taxability would depend on whether the income was exempt u/s 10(15)(iv)(c) of the Act - The assessment order is woefully silent and quiet on...
September 2, 2014
I.Tax:
Reopening of assessment u/s 147 - There has to be some tangible material on the basis of which a reason to belief can be formed that some income had escaped assessment -...
September 2, 2014
I.Tax:
Computation of book profits u/s 115JA – MAT - the assessee has made the provision for the bad debt but without written of the bad debt as per Section-36(1)(vii) of the...
September 2, 2014
I.Tax:
TDS deduction u/s 194C @ 2% or u/s 194I – on comparison of the two explanations added to Sections 194-I and 194-C of the Act, it was never the intention of the...
September 2, 2014
I.Tax:
TDS deducted by insurance company on interest on compensation received whereas TDS was already deducted on lump sum amount – petitioner to submit appropriate application...
September 2, 2014
I.Tax:
Advances made to rural branches of bank – Whether deduction u/s 36(1)(viia) can exceed the amount of provision for bad and doubtful debts - Held no - AT
September 2, 2014
I.Tax:
Provision towards fraud – the incident which resulted in irregularities/embezzlement occurred during the previous year – thus, the loss has to be held to have...
September 2, 2014
I.Tax:
Claim of benefit u/s 10(23C)(iiiab) - Activity educational or not - the assessee itself need not impart education to the students and it need not be necessarily school...
September 1, 2014
S.Tax:
Cenvat Credit - tower parts, green shelter, printers and office chairs - immovable property - the items being neither capital goods not inputs not accessory of antenna,...
September 1, 2014
S.Tax:
Cenvat Credit - capital goods, input and input services used for making of immovable property, which is further put to renting of immovable property service - credit allowed - AT
September 1, 2014
C.Ex.:
Recovery of excessive refund / rebate of excise duty granted earlier - export of pharmaceutical products - allegation of over-valuation of goods - Decided in favor of assessee - HC
September 1, 2014
C.Ex.:
Computation of DTA entitlement - prima facie view that the clearance effected by way of deemed exports can be taken into account for computing the DTA entitlement - AT
September 1, 2014
C.Ex.:
100% EOU - Extended period of limitation - merely because the respondent has executed a B-17 bond they would fall outside the purview of Section 11A is illogical and...
September 1, 2014
Cus.:
Valuation - enhancing value based on computer printouts - import of Cyanuric Chloride - A reasonable opportunity must be given to the appellant to demonstrate (if at...
September 1, 2014
Cus.:
100% EOU - import of 500 Kgs of Solenesol and 20 Kgs. of Octacosanol without payment of duty - passing of the order-in-original without waiting for a decision and...
September 1, 2014
VAT:
Levy of entry tax on twist drills, cutters, reamers, taps, etc. - scope of the words “parts and accessories“ - Decided in favour of Revenue. - HC
September 1, 2014
Co.Law:
Even “stop payment” instructions issued to the bank are held to make a person liable for offence punishable under Section 138 of the NI Act - On factual issue, as to...
September 1, 2014
I.Tax:
Pre-operative expenses – Genuineness of expenses proved - AO did not follow or apply AS-7 for computing the income and has not commented why AS-2 applied by the...
September 1, 2014
I.Tax:
Applicability of section 50C – even though the assessee had made an objection for invoking Section 50C(1), the AO had not referred the valuation to the Valuation...
September 1, 2014
I.Tax:
Ascertainment of liability towards leave encashment – Even though they may not be in a position to give the accurate details, but that does not allow the assessee to...
September 1, 2014
I.Tax:
Effective date for set up of business – The business of the appellant had been setup as the assessee had acquired the necessary infrastructure and had also started...
September 1, 2014
I.Tax:
Once the Tribunal has accepted that the classification of lands as per the reveue records are agricultural lands, which are evidenced by the adangal and the letter of...
September 1, 2014
I.Tax:
Claiming TDS credit whereas interest income was not recognized following cash basis of accounting - TDS amount deserves to be treated as income - but tds credit cannot...
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Highlights September September 2014 Year 2014
