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Year 2013
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Showing 3151 to 3200 of 5273 Records
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July 16, 2013
I.Tax:
Provision for Warranty - The assessee had not proved the provision of warranty expenses based on any scientific method in such circumstances - Triple test was not passed...
July 16, 2013
I.Tax:
Co-operative societies – whether person u/s 2(31) for the purpose of inquiry u/s 142 and power to call for information u/s 133 - Held Yes - HC
July 16, 2013
I.Tax:
Distributing free articles / samples to doctors - it is for the assessee to satisfy the Assessing Officer that the expense is not in violation of the Medical Council Regulations - HC
July 16, 2013
I.Tax:
Unpaid Excise Duty - Whether the ITAT erred in deleting the addition made by the AO u/s 43B r.w. Section 145A - The assessee cannot profit or take advantage from that...
July 16, 2013
I.Tax:
Exemption u/s 10(23C)(vi) can be claimed by an assessee without applying for registration u/s 12A as it is not required to fulfil the conditions mentioned under section 11 - HC
July 16, 2013
I.Tax:
Entitlement to exemption u/s. 11 - Claim of depreciation - in case of trusts, so called double deductions are allowable. - AT
July 16, 2013
I.Tax:
Unrealized subsidy - It is a trite law that every receipt does not tantamount to income, as per charging sections 4 & 5 - the receipt of unspent amount does not become...
July 16, 2013
I.Tax:
Penalty u/s 271 - claim of depreciation - business was closed - since the assessee has failed to make a satisfactory explanation for makings such patently false claim,...
July 16, 2013
C.Ex.:
When two exemption Notifications are available to an assessee, he can opt for the Notification most beneficial for him - Department can not force him to avail a...
July 16, 2013
C.Ex.:
Cenvat Credit – Payment of duty on non excisable goods - when they have cleared their finished product on payment of duty, the same may be treated as reversal of Cenvat...
July 16, 2013
C.Ex.:
Reduced penalty u/s 11AC @ 25% - date of payment of duty not known - interest was not computed - the contention that since interest was computed, deposit of amount...
July 16, 2013
Cus.:
When the disciplinary proceedings against the officers under CCS (CCA) Rules have been dropped, the imposition of penalty against them based on the same charges would...
July 15, 2013
I.Tax:
Surcharge u/s 113 - Surcharge under Section 113 of the Act is mandatory and is applicable with retrospective effect - HC
July 15, 2013
I.Tax:
Set off of short term capital loss - Transaction in shares - When neither any payment was made nor any delivery was taken, then the transaction can not be held genuine - HC
July 15, 2013
I.Tax:
Till previous year assessee exempted u/s 10(29) - Assessee has claimed the entire depreciation during the assessment year under consideration, which is not permissible - HC
July 15, 2013
I.Tax:
Depreciation on truck - claim of depreciation on chassis and tanker mounting on chaises separately - claim allowed - HC
July 15, 2013
I.Tax:
Disallowance u/s 14A - when there was interest free funds available with the assessee, there does not arise a question of disallowing expenditure under Section 14A of the Act - HC
July 15, 2013
I.Tax:
Addition of notional interest - if the assessee had not bargained for interest, or had not collected interest, one fails to see how the IT authorities can fix a...
July 15, 2013
I.Tax:
Disallowance of deduction u/s. 80IA on the basis of turnover as reported in TDS certificate - Government Departments following cash system of accounting - deduction allowed - AT
July 15, 2013
I.Tax:
Mark-to-market loss on account of trading in derivative transactions - While anticipated loss is taken into account while valuation of closing stock, anticipated profit...
July 15, 2013
I.Tax:
Rectification of mistake -If the argument and ground were not disposed off is a mistake apparent from rerecord. - AT
July 15, 2013
C.Ex.:
Original authority acted in violation of the principles of natural justice when it obtained a verification report from the Range Officer behind the back of the assessee...
July 15, 2013
C.Ex.:
Duty liability - export through merchant exporter - Manufacturing units were not responsible for the production of proof of exports and if the goods are not exported...
July 15, 2013
C.Ex.:
Nature of reversal of cenvat credit on removal of inputs as such - it is nothing but payment of duty - Rebate claim is admissible to the applicant under Rule 18 - CGOVT
July 15, 2013
Cus.:
SCN under notification 36/96 - instead of Asst. Commissioner of Central Excise, Commissioner of Customs, Pune has issued show-cause notice which is beyond his jurisdiction - AT
July 15, 2013
I.Tax:
Interest u/s 36(1)(iii) - Loans borrowed for expansion of business - Net unit established - Interest paid on the loan will have to be treated as revenue in nature - HC
July 15, 2013
I.Tax:
Set Off u/s 37 - date of Commencement of business - a business will commence with the first purchase of stock-in-trade and the date on which the first sale is made is immaterial - HC
July 15, 2013
I.Tax:
Carry forward of losses u/s 73 - Speculative loss - Derivative transaction - Tribunal erred in law in holding that the assessee was entitled to carry forward its losses - HC
July 13, 2013
C.Ex.:
Cenvat Credit - Forged DEPB Scrips - burden of proof regarding the admissibility of the Cenvat credit shall lie upon the manufacture taking such credit - credit to be recovered - AT
July 13, 2013
C.Ex.:
The same authority who reviewed the order cannot decide the appeal. - AT
July 13, 2013
C.Ex.:
Cenvat Credit - when the capital goods/inputs were in use for manufacturing of final products and lost during the fire accident, credit cannot be denied - AT
July 13, 2013
S.Tax:
Competency to entertain the appeal - appeal was filed with the Tribunal instead of Commissioner (Appeals) - the appellant was ill-advised - appeal dismissed - pray for...
July 13, 2013
S.Tax:
Assessee is not liable to pay service tax again if he has discharged the service tax liability even though under a wrong accounting code - AT
July 13, 2013
Cus.:
Delay in filing of stay application - There is no time limit prescribed for filing of stay application - where the appeal is filed in time, stay application should be entertained - AT
July 13, 2013
Indian Laws:
Communication of objection - Mere posting of the letter on the website does not constitute communication of the objection or proposal in writing - HC
July 13, 2013
I.Tax:
Minimum Alerter Tax (MAT) - Constitutionality of Section 115J and 115JA - Provisions of Sections 115JA and 115JAA of the Act are neither arbitrary nor unreasonable. - HC
July 13, 2013
I.Tax:
Transfer of capital asset - Agricultural land transferred to AOP and changed to industrial land - there is no conveyance by the appellant in favour of AOP, nor there is...
July 13, 2013
I.Tax:
Income from House Property - inclusion of Notional Interest - interest accrued on deposit cannot be added to the agreed rent, so as to make a fair rent or market rent - HC
July 13, 2013
I.Tax:
Reassessment u/s 147 - Notice beyond 4 years – the deeming provision provided in Explanation 3 to Section 153 does not get attracted because an opportunity of hearing...
July 13, 2013
I.Tax:
Deemed dividend u/s 2(22)(e) - If the assessee company which has received the loan is not a shareholder then fiction cannot be extended on the ground that the directors...
July 13, 2013
I.Tax:
Deemed dividend u/s 2(22)(e) - advance or loan to a shareholder - assessee has merely made a claim, but same has not been supported by any evidence. - additions confirmed. - AT
July 13, 2013
I.Tax:
Deduction u/s 10A - foreign exchange gain - the gain on receipts of foreign exchange as export proceeds are extricably linked, eligible for exemption u/s 10A - AT
July 13, 2013
VAT:
Double assessment - Assessee was sought to be assessed in respect of the turnover belonging to the transaction relating to its agent - assessment not allowed - HC
July 12, 2013
C.Ex.:
When an appeal is found not maintainable with the Tribunal, proper course would be to return the papers and not to direct its transfer. - decided in favor of revenue. - HC
July 12, 2013
S.Tax:
Providing infrastructure facility to BCCI - business support services & infrastructural support services - Prima facie not taxable - stay granted. - AT
July 12, 2013
I.Tax:
Deduction u/s 80IB - manufacturing of Engineered Floor Board - it is found that raw material has under gone a major change and value addition - deduction allowed - AT
July 12, 2013
I.Tax:
Exemption u/s 10A - STPI unit - Adjustment of payable in foreign exchange with sale proceeds - a two-way traffic is unnecessary - exemption allowed - AT
July 12, 2013
VAT:
Exemption from VAT - Agricultural implement - Sprinkler - it is an agricultural implement not animal driven or manually operated - not eligible for exemption - HC
July 12, 2013
VAT:
Local sale or Inter-State sale - CST - Installation of equipment in another State - The transaction in question is intra- State and not inter-State sale - HC
July 12, 2013
VAT:
Penalty u/s 12(5) - U.P Tax on Entry of Goods into Local Areas Act, 2007 - petitioner is not liable to pay any entry tax - penalty notice is unsustainable under the law - HC
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F
: Refund of IGST Charged and collected from Foreign Customer on Export o...
H
: Levy of penalty - non filling up of Part B of the e-Way Bill - existen...
H
: Violation of principles of natural justice - The court observed that w...
H
: Rejection of the petitioner’s claim for budgetary support - Violation ...
H
: Validity of determination of GST liability (demand) u/s 73(1) - Reject...
H
: Blocking the input tax credit against the petitioners - The High Court...
H
: Faceless Assessment Center u/s 144-B - territorial jurisdiction - The ...
H
: Non-jurisdictional AO proceeding with the assessment - decentralizatio...
H
: Deduction u/s 80-O - brandishing newspaper cuttings as proof to show i...
H
: Condonation of delay in filing of revised return of income - CBDT reje...
H
: Assessment completed u/s 144C against a petitioner/Non-Resident Indian...
H
: Exemption u/s 10(23C)(iiiad) - Threshold limit of Rs. 1 Crore - The Ap...
H
: Denial of deduction claimed under Chapter VI-A i.e. Section 80G/ 80GGA...
H
: Levy of penalties under various sections - The Appellate Tribunal, in ...
H
: Application seeking approval u/s 80G(5)(vi) rejected - Assessee is pre...
H
: Revision u/s 263 - Bogus LTCG/Share transaction - as per CIT AO failed...
A
: Mohit Agarwal Vs. CIT (All)- Appeal of assesse was earlier admitted th...
A
: DEPRECIATION ON GOODWILL
A
: Deciphering GST Notices: A Comprehensive Guide to Understanding and Re...
F
: ITC CLAIMED AFTER DUE DATE
F
: INQUIRY BY THE APPELLATE AUTHORITY
N
: Extension in Import Period for Yellow Peas under ITC (HS) Code 0713101...
C
: Relaxation of additional fees and extension of last date of filing of ...
C
: Uploading of judicial orders related to insolvency proceedings by Inso...
A
: DISTINCTION BETWEEN ‘DOCTRINE OF CONSTRUCTIVE NOTICE’ AND ‘DOCTRINE OF...
A
: The Benefits of Cloud Accounting for SMEs
F
: GST PENALTY SECTION 122
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