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Year 2014
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Showing 3751 to 3800 of 4657 Records
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March 1, 2014
I.Tax:
Maintainability of Appeal before the Tribunal against the order passed by the Commissioner passed under Section 119(2)(b) - ITAT has no power to to entertain the appeal - HC
March 1, 2014
I.Tax:
Setoff of MAT Credit before interest liability - form prescribed under the rules can never have any effect on the interpretation or operation of the parent statute –...
March 1, 2014
I.Tax:
Allowability of deduction u/s 54F - it was immaterial that the construction of the new building was started before the sale of the old building - exemption allowed - AT
March 1, 2014
I.Tax:
Allowability of Exemption u/s 11 - Floor of the premises of the society being occupied by its Executive President does not violate the provisions of Section 13 –...
March 1, 2014
I.Tax:
Computation of long term capital gain on sale of shares – Assessee, an employee, justified the sale of shares at higher price and also explained the circumstances in...
March 1, 2014
I.Tax:
Deemed dividend u/s 2(22)(e) - shares in the name of the partners, but advances made by the company to the firm has to be treated as deemed dividend u/s 2(22)(e) - AT
March 1, 2014
I.Tax:
Salary accrue and received in India - in a situation in which the salary has accrued outside India, thereafter, by an arrangement, salary is remitted to India and made...
March 1, 2014
I.Tax:
Penalty u/s 271(1)(c) of the Act – Inaccurate particulars furnished - different stands taken before the AO and appellate authority - assessee did not come out clean -...
March 1, 2014
I.Tax:
Agents incentive expenses - AO has not established that the payments made to the related parties are excessive or unreasonable under the three criterias specified in...
March 1, 2014
VAT:
Stock transfer or interstate sale - pplicant has to maintain a buffer stock as well as there was no guarantee for purchase of any specific quantity - transport of goods...
March 1, 2014
Co.Law:
Winding up of Company - Inability to pay debts - it is a case where the respondent has the ability to pay, but does not choose to pay; in such a case, the court will not...
February 28, 2014
C.Ex.:
Once the legislature has stipulated that the period of limitation under Section 35B (3) commences only upon the communication of the order which is sought to be appealed...
February 28, 2014
C.Ex.:
Classification - natural marble slabs - a Chapter note was inserted in Chapter 68 declaring such activities as deemed manufacture, such declaration and chapter note...
February 28, 2014
C.Ex.:
SSI Exemption - Clubbing of clearance - Merely because the two owners of the units were husband and wife and the profits earned by them came into same household, does...
February 28, 2014
C.Ex.:
Duty demand - Availment of Cenvat credit on “RAILS” falling under Chapter 73 of CETA - rolls are the components of the capital goods - they are eligible for Cenvat credit. - AT
February 28, 2014
S.Tax:
Valuation of goods - Goods sold in the execution of works contract of repair and maintenance - - value of goods not to be included - AT
February 28, 2014
S.Tax:
Valuation of goods - divisible contract of repair and maintenance - benefit of Notification no. 12/2003-ST dated 28th June, 2003 - value of goods not to be included - AT
February 28, 2014
S.Tax:
Maintanability of appeal before High Court - Jurisdiction - The words “rate of tax” in relation to rate of tax would include the question whether or not the activity is...
February 28, 2014
S.Tax:
Classification - GTA service or Site formation and clearance, excavation - There is no evidence before us to show that transportation activity was the predominant...
February 28, 2014
S.Tax:
Sale and purchase of coal or Commission agent - BAS - the appellant is a buyer and seller of coal and cannot be held to be providing any service to M/s. Coal India Ltd -...
February 28, 2014
Cus.:
Valuation of goods - Rejection of transaction value - Revenue has failed to prove otherwise apart from import of spare parts the value of the imported goods has been...
February 28, 2014
I.Tax:
Levy of additional tax u/s 143(1A) in respect of computation under Section 115J - the demand of additional tax under Section 143(1A) of the Income Tax Act on the regular...
February 28, 2014
I.Tax:
Refusal for rectification of order u/s 254(2) - Tribunal is not expected to unearth evidence or material to which its attention was not drawn by the parties, nor to...
February 28, 2014
I.Tax:
Search u/s 132 of the Act - Block Assessment – In the absence of any seized material and solely on the basis of the report of the DVO, there cannot be any finding with...
February 28, 2014
I.Tax:
Nature of Capital gain – LTCG or STCG – The mere fact that possession was delivered later, does not detract from the fact that the allottee was conferred a right to hold...
February 28, 2014
I.Tax:
Revision u/s 264 in favor of assessee - an order/ intimation passed u/s 143(1) passed by the AO is equally an order, which can be questioned and be made subject matter...
February 28, 2014
I.Tax:
Disallowance - The extra depreciation allowable u/s 32(1)(iia) in an extra incentive which has been earned and calculated in the year of acquisition but restricted for...
February 28, 2014
I.Tax:
Allowance of TDS credit – The department cannot deny the credit when the assessee is following the system consistently from earlier years - What is required to be done...
February 28, 2014
I.Tax:
Denial of deduction u/s 80IA - the amount written back on account of reversal of provision made in financial year 2006-07 cannot be held to be a profit derived from...
February 28, 2014
I.Tax:
Set off of loss u/s 70(1) - the assessee is not eligible to claim unabsorbed depreciation of the firm against incomes of the assessee who is partner of the firm and...
February 28, 2014
I.Tax:
Deletion of Penalty u/s 271(1)(c) – assessee has offered an explanation with regard to this claim, but has failed to substantiate it by bringing any material on record -...
February 28, 2014
I.Tax:
Valuation of the property - Department has not made any independent investigation and simply adopted the guideline value as provided by the Sub-Registrar and accepted by...
February 28, 2014
VAT:
Since the commodity in question is covered by two entries, specific entry “vegetable oil“ will prevail over entry “edible and oilcake“ and therefore, the commodity in...
February 28, 2014
Co.Law:
As the lodgement of a caveat is merely a right to be informed of the hearing date and it has no effect by way of curtailing the powers of a Civil Court to pass an...
February 27, 2014
C.Ex.:
CENVAT Credit - Whether the radio active material (californlum - 252) used in fast lab analyzer is a eligible capital goods or not - Credit allowed - AT
February 27, 2014
C.Ex.:
Valuation - the buyers price to their own sellers cannot be the basis for determination of assessable value at the hands of the assessee who undertakes the activity of...
February 27, 2014
C.Ex.:
Exemption on the basis of 11C Notification No. 44/90-C.E. (N.T.) - the drug montorip Capsule which is a formulation of 3 combination mainly Rifampicin + Pyrazinamide +...
February 27, 2014
S.Tax:
Collection of fly ash - the service is more appropriately classifiable under Cargo Handling Service and not under Business Auxiliary Service - stay granted - AT
February 27, 2014
S.Tax:
Demand of differential duty - Discrepancy in annual financial statements and ST-3 Returns - Suppression of value of services rendered - Conditional stay granted. - AT
February 27, 2014
Cus.:
Whether the clearance made in DTA against Advance Authorisation, where payments are not received in foreign currency, are admissible for the purpose of fulfilling export...
February 27, 2014
Cus.:
Recovery of refund claim of SAD - Only condition of the notification in question is payment of appropriate VAT or sales tax. They are not having jurisdiction to go into...
February 27, 2014
I.Tax:
Trade surplus on sale of jewellery - The amount is reflected in the account for long time over number of years as trade surplus amount it has to be considered as income...
February 27, 2014
I.Tax:
When the admitted fact is that the assessee charged and received only the book value of its finished product, there was no reason for the Assessing Officer to tax the...
February 27, 2014
I.Tax:
Entitlement for benefit u/s 10A - partnership firm was converted into a company - benefit under Section 10A allowed - HC
February 27, 2014
I.Tax:
Penalty u/s 271B – Tax audit u/s 44AB - Since the order passed by the Income Tax Officer does not contain the requisite recital, it has to be held that no such approval...
February 27, 2014
I.Tax:
Reassessment u/s 147 / 148 - Reasons to believe must have nexus and live link with the formation of opinion by the AO that taxable income had escaped assessment - As per...
February 27, 2014
I.Tax:
Expenditure claimed by the assessee to fund the higher education of its director had an intimate and direct connection with its business - expenditure allowed u/s 37(1) - HC
February 27, 2014
I.Tax:
TPA - The use of word ‘shall’ in sub-section (13) shows that it is mandatory on the part of Assessing Officer to pass the final assessment order by only implementing the...
February 27, 2014
I.Tax:
When educational institution is approved by the prescribed authority and when the assessee also applies its income for the income or accumulates the same for subsequent...
February 27, 2014
I.Tax:
Assessee could not conduct business activity during the financial year, then also the assessee company is entitled to allowance of fixed and necessary expenses to...
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H
: Reversal of ITC - The High Court found that certain findings recorded ...
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: Exemption from Tax - Classification of goods sold - emery cloth - uncl...
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: Levy of GST on un-denatured Extra Neutral Alcohol supplied by the peti...
H
: Imposition of GST under the reverse charge mechanism on the mining lea...
N
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: Rejection of refund on the ground of delay - time limitation - The Hig...
H
: Addition u/s 68 - ITAT confirmed the additions - The High Court upheld...
H
: Validity of Reassessment proceedings - reason to believe escapement of...
H
: Faceless Assessment - Non affording a reasonable opportunity to be hea...
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: Validity of order passed u/s 147 r.w.s.144B - availability of alternat...
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: Validity of reassessment proceedings - non-issue of the statutory noti...
N
: Amendment in the Export policy of Onions
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: Deduction u/s 80IAB on the disallowance of depreciation on Water-use R...
H
: Penalty u/s 271(1)(b) - Non-compliance with a notice issued u/s 142(1)...
F
: ITC of FY 2017-18 blocked
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: Income taxable in India or not - Business of supplying reservoir simul...
H
: TP Adjustment - MAM - Management consultancy services - The tribunal n...
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