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Highlights / Annotations / Catch Notes For March of 2013
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Showing 51 to 100 of 306 Records
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March 26, 2013
Indian Laws:
Service Tax Return (ST 3) for the period 1st July-30th September, 2012 is now available in a modified format for e-filing in ACES.
March 25, 2013
C.Ex.:
There may be mistake in mentioning the Khasra numbers covered by a particular industrial area and, therefore, just because the Khasra number of a unit is not mentioned......
March 25, 2013
C.Ex.:
Recovery of Interest – Section 11AB. - no show cause notice is required and hence the limitation period prescribed under Section 11A is inapplicable. - AT
March 25, 2013
I.Tax:
Section 50C would have no application when it was a case of transfer of plot which was stock in trade and the income from such transaction was treated as business income. - AT
March 25, 2013
I.Tax:
Tonnage Tax Reserve Account - Sec. 115VT - donation and prior period items cannot be added to the book profit for the purpose of determining the transfer of profit to TTRA - AT
March 25, 2013
Wealth-tax:
Valuation - Wealth Tax - The market value is nothing but a price that may be agreed by a willing seller and a willing purchaser. Market price is not a constant figure. - AT
March 23, 2013
C.Ex.:
Petitioner has challenged the Trade Notice issued by Commissioner - any order or circular cannot nullify the statutory provision. - HC
March 23, 2013
C.Ex.:
Duty paid at the time of clearance of the product, which was not required to be paid on account of non-manufacture activity, amounts to reversal of the entire Cenvat......
March 23, 2013
C.Ex.:
Input service credit availed on CHA services, Port services, GTA services, Courier services and Business Auxiliary Services - in the case of export of goods, the place......
March 23, 2013
S.Tax:
Appeal against the order of CESTAT directing deposit of 1 crore as pre-deposit - inclusion of reimbursement of expenses - Insofar as the balance Rs. 60 lacs is......
March 23, 2013
S.Tax:
Letter issued by the Superintendent is not an appealable order issued by a competent authority. - AT
March 23, 2013
S.Tax:
Condonation of delay in filing an appeal - Commissioner (Appeals) has vested discretionary power to condone delay beyond first 3 months if appeal is within next 3 months. - AT
March 23, 2013
Cus.:
Filling an appeal by department - committee of commissioners - Since the authorisation granted to the lower authorities is without jurisdiction, appeal is not maintainable - AT
March 23, 2013
Cus.:
Interest on the differential duty for the period prior to amendment in 2006 - the amendment cannot be considered to be retrospective in nature; and cannot be made......
March 23, 2013
I.Tax:
TDS - It would be wholly unreasonable to deduct tax at source on an amount which has not accrued to the Petitioner as income during the financial year in question, the......
March 23, 2013
I.Tax:
Waiver of Interest for defaults in payment of advance tax u/s 234B rejected - since the entire amount was not spent the question of any allowable expenses being deducted....
March 23, 2013
I.Tax:
Disallowance of bad debts - AO wrongly placed reliance on Section 72A which pertains to carry forward and set off of the accumulated loss and unabsorbed depreciation......
March 23, 2013
I.Tax:
Jurisdiction u/s 263 by CIT(A) - AO has failed to take recourse to the provisions of Section 14A - The interference by the C.I.T. was based on facts and not any change......
March 23, 2013
I.Tax:
Notice issued u/s. 153C - assessment upon a dissolved company is impermissible as there is no provisions in Income Tax Act to make an assessment thereupon - AT
March 23, 2013
I.Tax:
Registration u/s 12AA - violation of various conditions in S 13(1)(d) cannot be examined at the time of granting registration and can be examined only while giving......
March 23, 2013
I.Tax:
Depreciation disallowed on medical instruments given on lease due to closure of business - The word 'used' would include actual use or at least keep ready for use -......
March 23, 2013
VAT:
Composition scheme was opted under UPTT but no composition scheme was opted under UP Vat Act for the same contract - AO can not demand tax under composition scheme on......
March 22, 2013
C.Ex.:
CENVAT Credit - input services - duty paying documents - The denial of credit on the technical objection, when it is otherwise available, should not be upheld. - AT
March 22, 2013
C.Ex.:
Valuation - captive consumption, though not for production or manufacture of other articles - Valuation to be made under Rule 8 read with Rule 11 of valuation rules - AT
March 22, 2013
Cus.:
To hold that digital photocopier machine was covered by the restriction on imported second hand photocopiers is not correct in as much as the digital multifunctional......
March 22, 2013
Cus.:
Confiscation of the goods – repair works on barges or breaking activity - scrap generated during the repair work was not exigible to customs duty when brought in India. - HC
March 22, 2013
Indian Laws:
RTI - Gujarat riots - copy of letters sent by the former President of India, Shri K.R. Narayanan, to the then Prime Minister, Shri A.B. Vajpayee - CIC cannot direct the.....
March 22, 2013
I.Tax:
Addition u/s 69B - there is no evidence other than the report of the DVO and, therefore, the same cannot be relied upon for making an addition - no addition - HC
March 22, 2013
I.Tax:
Explanation inserted u/s 80IA(4) by FA (No.2) of 2009 - execution of works contract - explanation only supplied clarity where, at best confusion was possible in the......
March 22, 2013
I.Tax:
MAT - Retrospective amendment to section 115JB by the Finance (No. 2) Act, 2009 - the amendment made is not ultra vires or unconstitutional. - HC
March 22, 2013
I.Tax:
Transfer of the 74% shares to the Singapore company - transactions were part of a design of 'treaty shopping' as having regard to the DTAA between India and Singapore,.....
March 22, 2013
Co.Law:
Official Liquidator can only take recourse to the mode of appeal and further appeal under the RDB Act and not approach the Company Court to set aside the auction or......
March 21, 2013
I.Tax:
Payment of Market Fees - The argument that 'market fee' is also a tax and only nomenclature has been changed is also not liable to be accepted - Section 43B not applicable - HC
March 21, 2013
I.Tax:
Taxability of shares issued by amalgamated comapny - the amalgamation is not an adventure in the nature of trade and that this transaction is clearly a capital account......
March 20, 2013
I.Tax:
Charitable/educational trust - at the time of registration u/s 12AA, CIT is not required to look into the activities, where such activities have not or are in the......
March 20, 2013
I.Tax:
Deduction u/s 80-I - by galvanization iron and steel are not changed and remained iron and steel - Not a manufacturing activity - not entitled for the benefits under Section 80I - HC
March 20, 2013
I.Tax:
Adjustment of Refund with Tax Demand of a Group company - There is no provision which authorizes Income-tax authorities to set off the refund of a person against the......
March 20, 2013
I.Tax:
Tonnage Tax Scheme - delay of 4 days - time stipulation in section 115VP(2) is held to be directory and therefore it would be sufficient if it is substantially complied.....
March 20, 2013
I.Tax:
Penalty u/s 271(1)(c) - there is only a change of head of income and in the absence of any facts that the claim of the assessee was not bonafide - Tribunal was correct......
March 20, 2013
I.Tax:
A unit approved by the Director under the Software Technology Parks scheme will be allowed exemption only under Section 10A as a STPI unit and not under 10B as a 100%......
March 20, 2013
I.Tax:
Software expenses - revenue v/s capital - expenditure incurred are not capital expenditure as due to technological changes and the need to upgrade the software on a......
March 20, 2013
C.Ex.:
Cenvat Credit - When spent wash and press mud had emerged as inevitable wastes during the process of manufacturing of final products viz., sugar and Denatured Ethyl......
March 20, 2013
C.Ex.:
Cenvat Credit - The store ledgers and the store issue slips did not establish the use of structural steel items issued - the questions raised in these appeals are......
March 20, 2013
C.Ex.:
Cenvat credit - Input Services - Rule 2(l) would also cover the services of procuring sale orders through commission agent. - AT
March 20, 2013
C.Ex.:
Rebate claims - Procurement of excisable goods duty free - Petitioner entitled to cash refund only of the portion deposited by it by actual credit and for remaining......
March 20, 2013
C.Ex.:
Cenvat Credit - revenue denied the credit of the balance of 50% credit during the next year since the capital goods were still at the stage of erection and had not......
March 20, 2013
C.Ex.:
Interpretation of Notification No. 29/2004-CE - The Concessional rate of duty can not be denied on the ground that one of the division out of three is engaged in the......
March 20, 2013
Cus.:
Undervaluation - mis-declaration - there is no reference to any evidence on record to create a doubt about transaction value or to believe the certificate given by the.....
March 20, 2013
Indian Laws:
Exemption from RTI - exemption notifications cannot apply retrospectively. Apart from that the same exemption does not cover allegations of corruption and human right violations. - SC
March 20, 2013
Indian Laws:
Exemption from RTI - Power of CIC or SIC - Commission while entertaining a complaint under Section 18 of the said Act has no jurisdiction to pass an order providing for....
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