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Highlights / Annotations / Catch Notes For January of 2013
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Showing 51 to 100 of 314 Records
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January 25, 2013
S.Tax:
Refund of ST paid under protest - Whether the deposit of service tax was under protest or not - it can be very clearly concluded that it was the entire deposit which was...
January 25, 2013
Cus.:
Illegal Foreign origin sheep import without payment of Customs duty - Sheep is not an item which is regularly smuggled or commodities prone to smuggling thus supports...
January 25, 2013
Cus.:
Illegal export of Peacock Feathers, prohibited goods - seeking waiver of penalty - OIO is silent as to whether another attempt was made to serve the notice or not. -...
January 25, 2013
I.Tax:
Disallowance of Commission - Paid to firm in which director has substantial interest - the firm has earned the commission only from the assessee & not from any other...
January 25, 2013
I.Tax:
Exemption u/s. 54F - Since a house is called residential house with reference to the purpose of its users, it may not be necessary that somebody should live in it...
January 25, 2013
I.Tax:
Jurisdiction of High Court - The doctrine of precedents - Rule of binding efficacy of law - Revenue file appeal with P&H High court instead of Delhi High court - No...
January 25, 2013
I.Tax:
Undisclosed investment - Construction of property - assessing authority could not have referred the matter to the DVO when there was no rejection of books of account...
January 25, 2013
VAT:
Whether a leasing company shall avail the Input Credit available to them on proportionate basis? - the question of spreading over his credit, proportionately or...
January 25, 2013
VAT:
Entitlement to claim input tax credit having regard to Section 9 of the DVAT 2004 - leasing activity carried on by the assessees does amount to resale. - HC
January 24, 2013
C.Ex.:
CENVAT Credit on the paint used on the floor of production hall to make it dust free and fire retardant - credit allowed - HC
January 24, 2013
C.Ex.:
Application for condonation of delay dismissed - Since, the appellant has taken more than six years to remove the defects in the appeal, it is thus beyond the period of limitation - HC
January 24, 2013
C.Ex.:
Whether tool kit can be termed as accessories of final product as envisaged in the definition of ‘input’ - ‘tool kit’ is squarely covered by the definition of ‘input’ - AT
January 24, 2013
C.Ex.:
Applicability of Doctrine of merger – doctrine of merger will not be applicable inasmuch as the subject matter of appeal by party was entirely different with the subject...
January 24, 2013
C.Ex.:
CENVAT Credit - duty paying documents - Rule 9(1)(a) of Cenvat Credit Rules, 2004 - CENVAT Credit on the basis of photocopy of seven bills of entry - Credit allowed - AT
January 24, 2013
C.Ex.:
Under-valuation of goods - It is not the case of the revenue that other manufacturing companies to whom the oil was supplied at the rate based on the volume at 15ºC are...
January 24, 2013
S.Tax:
Period of limitation - Presumption of service of Order - Delivery of the order - Receipt of order - Registered Post A.D.(RPAD) - Against assessee - HC
January 24, 2013
S.Tax:
Whether the CAG of India, has power and/or authority and/or jurisdiction to audit the accounts, service tax records or other documents of the petitioner company, which...
January 24, 2013
S.Tax:
Assessee did not pay the service tax on the ground that the main contractor has paid the same - it cannot be alleged that the sub-contractor was not discharging service...
January 24, 2013
Cus.:
Imposition of penalty - illegal Red Sander Wood Logs found in containers of Par Boiled Rice exported - There is no evidence to show that the appellant was aware of...
January 24, 2013
I.Tax:
Reassessment - as long as the assessee makes a full and true disclosure of the income, the fact that it might claim that as falling under one head which is ultimately...
January 24, 2013
I.Tax:
Exemption u/s 54B - agricultural land - appellant has not been able to satisfy the requirements of Section 54B as the appellant's late father had applied for sanction...
January 24, 2013
I.Tax:
Reopening of Assessment - bogus companies - it is difficult to believe the plea taken that the said information was neither available with the department nor did the...
January 24, 2013
I.Tax:
Entitlement for exemption u/s 11(2) - assessee having failed to furnish Form No.10 before the completion of the assessment, the benefit under the provisions of Section...
January 24, 2013
I.Tax:
Registration u/s 12A – Trust - The object of Section 12AA, is to examine the genuineness of the objects of the Trust, but not the income of the Trust for charitable or...
January 24, 2013
I.Tax:
Deduction u/s. 80IB(10) – In absence of any sales – Assessee had shown inflated profit, i.e., at 60%, as against the rate of 23% for another non-80IB - AO to redetermine...
January 24, 2013
VAT:
Disallowance of concessional rate against Form-C - inter-state - purchase in open auction - there was enough evidence to consider that it was an inter-state sale - writ...
January 23, 2013
C.Ex.:
Penalty under Rule 25 - other person's liability - storing and selling zarda of a brand name “Ratna” manufactured by Prabhat Zarda Factory who alleged to have...
January 23, 2013
C.Ex.:
Goods supplied to SEZ - Whether goods supplies to SEZ Developers without payment of duty are to be treated as “exempted goods” under Rule 2(d) of the CCR, 2004 - Held No - AT
January 23, 2013
C.Ex.:
When the amounts, in question, being received by the appellant from the franchisees are for certain services being rendered by the appellant to the franchisees, it...
January 23, 2013
S.Tax:
Service tax on the rental/license fee - space rented/licensed in the airport premises for housing of - Service tax is payable for the period from 1st June, 2007 onwards,...
January 23, 2013
S.Tax:
Construction of highways - the intention of the Government is to keep out road construction activity from the purview of service tax. - If that be so, how can service...
January 23, 2013
S.Tax:
Refund of Cenvat Credit - Export - Nexus between input and output service - appellate authority appears to have proceeded on the premise that the Board's Circular is the...
January 23, 2013
S.Tax:
CENVAT credit - what is required to be seen is whether the services have been used directly or indirectly in relation to the output service. Under these circumstances,...
January 23, 2013
I.Tax:
Interest payable on FCCBs - Liability to TDS u/s 196C r.w.s. 115AC - the money borrowed was utilized for the oversees business - cannot be said to have accrued or arisen...
January 23, 2013
I.Tax:
Reopening of assessment - even a single ground on the basis of which the assessment is sought to be reopened is valid and within jurisdiction, the notice for reopening...
January 23, 2013
I.Tax:
No notice u/s 143(2) issued before completing the scrutiny assessment - assessment under Section 144 without notice u/s 144(1) - the absence of the statutory notices...
January 23, 2013
I.Tax:
Claim of deduction u/s 80HHE - job of data entry has been notified as being computer software service. Therefore, the assessee is entitled to the benefit of Section 80HHE. - HC
January 23, 2013
I.Tax:
Setting off of depreciation u/s 32(2) - unabsorbed depreciation for the block of Assessment year 1997-98 to 2001-02 which could not have been set off earlier, cannot be...
January 23, 2013
I.Tax:
Penalty u/s 271(1)(c) - Making a legal claim under the provisions of IT Act is different from not offering income without any valid/ bona fide reason. - No penalty - AT
January 23, 2013
I.Tax:
Service rendered in India - “salaries” - for a period not exceeding 183 days - taxability in India - remunerations in view of the treaty, taxable at Denmark and not in India - HC
January 23, 2013
I.Tax:
Non deduction of TDS on equipment hire charges paid to the doctors - bonafide belief as in the nature of reimbursement of expenses - interest and penalty deleted - AT
January 22, 2013
FEMA:
External Commercial Borrowings (ECB) Policy –Repayment of Rupee loans and/or fresh Rupee capital expenditure – USD 10 billion scheme - Circular
January 22, 2013
I.Tax:
Suggestions from field officers &Co-opting members for Committees of Stakeholders - Order-Instruction
January 22, 2013
C.Ex.:
Amends Notification No. 12/2012-Central Excise, dated the 17th March, 2012 - Prescribes effective rate of duty on goods falling under chapter 1 to 96 - Notification
January 22, 2013
Cus.:
Amends Notification No. 12/2012-Customs, dated the 17th March, 2012 - Prescribes effective rate of duty on import of goods - Notification
January 22, 2013
Cus.:
Specially Distinguished Record of Service - Notification
January 22, 2013
I.Tax:
Exemption u/s 10(23)(iiiad) – The income from interest on FDRs is an additional income of society and it cannot be considered to be part of annual receipts of the school...
January 22, 2013
I.Tax:
Segregation of the surrendered income from business income - surrendered income can be taxed as deemed income without setting off of the losses u/s 70 & 71 - HC
January 22, 2013
C.Ex.:
Cenvat credit - bagasse and press mud emerging during crushing of sugar cane and purification of cane juice – no need to maintained separate accounts for the inputs for...
January 22, 2013
C.Ex.:
Cenvat credit - service tax paid on godown rental and on outward freight for transportation of the finished goods upto the customer's premises - Credit allowed - AT
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Black Money .... Act, 2015
Black Money .... Rules, 2015
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