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Highlights / Annotations / Catch Notes For January of 2015
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Showing 151 to 200 of 331 Records
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January 17, 2015
I.Tax:
Exemption u/s 17(2)(vi) - income from salary - reimbursement of medical expenses claimed by the Director - it is allowable expenses and cannot be said to be perquisite......
January 17, 2015
I.Tax:
The vehicle in respect of which assessee seeks to claim depreciation @ 50% is a ‘light motor vehicle’ and therefore the claim for enhanced rate of depreciation is on a......
January 17, 2015
I.Tax:
Notice u/s. 153C - djudicated and decided in favor of the assesse by the High Court - AO does not have assumption for framing the assessment u/s. 153C read with section....
January 16, 2015
C.Ex.:
Denial of rebate claim - Area based exemption - goods were manufactured by a manufacturer who has availed benefit of Notification No.39/01-CE(NT) - benefit of rebate denied - CGOVT
January 16, 2015
Cus.:
Goods abandoned - Relinquishment of the warehoused goods - Chief Commissioner had allowed the relinquishment of the goods and the goods were auctioned and therefore,......
January 16, 2015
VAT:
Nature of cooperative society, dealer or not - society acted as an intermediary, bringing together the agriculturists-principals and the buyer, and they have no......
January 16, 2015
I.Tax:
Capital gains tax - dissolution of firm - Transactions not regarded as transfer - The finding that there was no distribution of assets does not lead to a conclusion that....
January 16, 2015
I.Tax:
The mere ipse dixit of the Officer is not a ground to deny the claim made by the assessee - expenses incurred towards foreign travel of the wife of the partner along......
January 16, 2015
I.Tax:
The contribution received by way of sponsorship, advertisement, sale of tickets etc. and user charges on the facts of this case, do not convert the charitable activity......
January 16, 2015
I.Tax:
Eligibility to claim of exemption u/s 11 - justification of incurrence of certain expenses - payments made by the assessee Society to its members have not been shown to....
January 15, 2015
S.Tax:
Cenvat Credit - input services - services of empty containers sent back to the yard - credit allowed - AT
January 15, 2015
S.Tax:
Evasion of service tax - huge amounts shown in exempted service column of ST-3 return - prima facie extended period of limitation is not applicable - AT
January 15, 2015
C.Ex.:
100% CENVAT Credit availed on capital goods in the same year - removal as such or not - capital goods which were put to use and when cleared from the factory, would be......
January 15, 2015
C.Ex.:
Excisability of diesel generating sets - D.G. Sets are huge and are installed in a separate building, spread over large area. The same are not portable D.G. sets which.....
January 15, 2015
C.Ex.:
Imposition of penalty u/s 11AC - Bogus invoices - invoices were allegedly issued without ever supplying any goods - appellants contention that they are not liable to......
January 15, 2015
C.Ex.:
Penalty u/s 11AC - Non-payment of duty on the price escalation amount received - S A part of excise duty was paid only when it was pointed out by the DGAE - penalty to be levied - HC
January 15, 2015
VAT:
Detention of goods - Serial Number and TIN not printed on products - writ petition is disposed of directing the respondent to release the goods upon payment of the tax amount - HC
January 15, 2015
VAT:
ITC availed by the petitioner could not have been proposed to be reversed or reversed on the grounds stated by the respondent, i.e., the selling dealer has not filed......
January 15, 2015
I.Tax:
No refund will be issued and the processing of a return cannot be undertaken after notice has been issued u/s 143(2) for scrutiny - CBDT
January 15, 2015
I.Tax:
Reopening of assessment u/s 147 r.w 148 – till the time available to the assessee for filing return u/s 139(4) has not expired, it cannot be said that any income has......
January 15, 2015
I.Tax:
Liability to deduct tax at source as required u/s. 194A - Tribunal was not right in holding that appellants-assessees were liable to deduct tax at source as required......
January 15, 2015
I.Tax:
Treatment of dividend stripping transactions as sham or bogus - Section 94(7) - until change by registration is effected in the books of the company, the transferor......
January 15, 2015
I.Tax:
Carry forward unabsorbed depreciation in respect of Bogus and Non-existent assets - unless the earlier orders of assessment are rectified, the unabsorbed depreciation......
January 15, 2015
I.Tax:
Grant of depreciation - written value of block of assets as per books of account of the assets taken over from the demerged company v/s written down value as per the......
January 15, 2015
I.Tax:
Transfer pricing adjustment - Turnover is an important filter which has to be adopted for determination of the ALP. The FAR analysis would not alter the turnover of the.....
January 15, 2015
I.Tax:
TDS u/s 195(1) - usance charges are not interest u/s 2(28A) except where an undertaking is engaged in the business of ship breaking in view of explanation (2) to Sec.......
January 15, 2015
I.Tax:
Transfer pricing adjustment - the transaction of providing loans to subsidiary whether a direct loan or providing credit for initial expenditure, which is stated to be......
January 14, 2015
S.Tax:
Management consultancy service or merely reimbursement of expenditure - providing General support services, Operational services, Personal services and Secretarial......
January 14, 2015
S.Tax:
Imposition of penalty - suppression of facts - Validity of SCN - the appellant, without any protest, deposited the Service Tax with interest - show-cause notice is bad....
January 14, 2015
Indian Laws:
Levy of motor vehicle tax - whether dumpers, loaders, escort crane and maintenance van can be said to be “Motor Vehicle” - Held yes - HC
January 14, 2015
C.Ex.:
Claim of rebate on export of goods while availing the benefit of area based exemption (Kutch area) - claim of rebate / refund denied - HC
January 14, 2015
I.Tax:
Labour charges paid to the female relatives of the directors disallowed u/s 40A(2)(b) - there was no finding the effect that the labour charges paid were in excess of......
January 14, 2015
I.Tax:
Penalty imposed u/s 271(1)(c) read with section 274 - It may be a good case for quantum addition but not for imposing penalty. Estimation is outcome of subjective......
January 14, 2015
I.Tax:
Penalty u/s 271(1)(c) - assessee who is described as an illiterate old Halwai who admittedly offered to surrender income for tax which was retracted - revenue failed to.....
January 14, 2015
I.Tax:
Exemption u/s 10B - Duty drawback - AO was not justified in disallowing the claim of the assessee on the basis of decision in the case of Liberty India (2009 (8) TMI 63.....
January 14, 2015
I.Tax:
It is an established position of law that even when the undisclosed sale or receipt is found, then also only the income embedded in such undisclosed receipt can only be.....
January 13, 2015
S.Tax:
CENVAT Credit on Input Service - quality control services was rendered outside India, outside the place of removal of excisable goods - credit allowed - AT
January 13, 2015
S.Tax:
Commercial Training and Coaching Services - training to candidates who intent to become Insurance Agent - Training imparted by the appellants does not fall under the......
January 13, 2015
C.Ex.:
100% EOU received goods free of duty but returned the rejected goods on payment of duty of excise through cenvat credit to the supplier of goods - Prima facie this......
January 13, 2015
C.Ex.:
CENVAT Credit - - whether the appellant is entitled to take CENVAT credit on Annual Maintenance of Wind Mill which has been located outside their factory and the......
January 13, 2015
C.Ex.:
Denial of CENVAT Credit - Job worker utilising excess CENVATTED inputs than the norms fixed for processing - appellant is entitled to take Cenvat credit and are not......
January 13, 2015
Cus.:
Restriction on Export of bullet proof jacket - appointment and the functions of the DGFT are as indicated in Section 6 of the FTDR Act and the DGFT is not authorized to....
January 13, 2015
I.Tax:
Contribution to education fund u/s section 63(1)(b) of the multistate co-operative societies act 2002 - application of income or diversion of income by overriding title.....
January 13, 2015
I.Tax:
Delay in filing returns - power to condone - Claim of refund of the tax paid in excess - Taking a lenient view in the matter, and considering the fact that the......
January 13, 2015
I.Tax:
TDS u/s 195 - whether part of the consideration for purchases of plant, machinery or equipment can be attributed to the installation, commissioning or assembly of the......
January 13, 2015
I.Tax:
Nature of Central Excise Duty Refund - refund under the sheme of the Union Government with regard to North Eastern State - the said receipts are capital receipts - AT
January 12, 2015
I.Tax:
A citizen of a foreign State, resident in India, being an employee of a foreign company or a citizen of India working in India can open foreign currency account with a.....
January 12, 2015
C.Ex.:
Valuation of goods - Transaction Value - Related Person - tribunal has said that both parts of Rule 9 of 2000 Rules are not fully attracted as it is and, accordingly, it....
January 12, 2015
C.Ex.:
Denial of Central excise registration - property was purchased by the assessee in auction - default of excise duty by the earlier registrant - registration allowed - AT
January 12, 2015
C.Ex.:
Manufacture of R.C. Mattresses (Rubberised Coir Mattresses) - coir products or not - reliance by the Commissioner on some dictionary meaning for the purpose of deciding....
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