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Highlights / Annotations / Catch Notes For January of 2017
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Showing 251 to 300 of 442 Records
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January 11, 2017
S.Tax:
A person who is engaged in rendering any service in relation to sale of real estate is liable to pay service tax under the Real Estate Agent Services - the transfer...
January 11, 2017
S.Tax:
The liability of composite works contract stand upheld w.e.f. 01/06/2007. The tax liability has to be arrived at applying the rate applicable, including the composition...
January 11, 2017
S.Tax:
Deputation of employees - reimbursements of salaries and wages paid to their employees deputed to do the work of the sister concern - Not taxable under the category of...
January 11, 2017
C.Ex.:
Mere omission to give correct information is not suppression of facts unless it was deliberate to stop the payment of duty. An incorrect statement or wrong method of...
January 11, 2017
C.Ex.:
Postage and courier services have been utilized by the appellant for sending letters, parcels and other business communication. Cenvat credit on such services stands allowed - AT
January 11, 2017
C.Ex.:
If no duty of excise is leviable on Char/Dolochar, these cannot be exempted under section 5A of the Central Excise Act, 1944 as only those goods can be exempted which...
January 11, 2017
C.Ex.:
Manufacture - sub-contract - erection and installation of storage system - said activity carried out by sub contractor therefore appellant cannot be treated as...
January 11, 2017
C.Ex.:
There is no provisions in the Cenvat Credit Rules, 2004 which requires the appellant-assessee to reverse the Cenvat credit against the receipt of refund order. - AT
January 11, 2017
C.Ex.:
Valuation - Merely because the transportation was recovered by way of debit note, the same should not be disallowed as deduction for the purpose of charging the duty...
January 11, 2017
C.Ex.:
Refund claim - RO Plant - the plant itself is a water treatment plant for supply of treated water for the industrial use - the Reverse Osmosis Plant received by the...
January 11, 2017
C.Ex.:
Cenvat Credit - railway track was handling system for raw material and processed material. Their use inside plant formed process of manufacturing and the assessee was...
January 11, 2017
Cus.:
Confiscation - classification of Desktop, 3D printer and certain other goods - In an issue of classification under the customs tariff, two different views are entirely...
January 11, 2017
Cus.:
Pre-deposit - a company and its directors are held jointly and severally liable - if one set of pre-deposit amount to the extent of 7˝ % of the duty drawback element is...
January 11, 2017
VAT:
Constitutional validity - amendment in Luxury tax - The classification of such accommodation and amenities as 'luxury', if it costs Rupees one thousand or more per day,...
January 11, 2017
VAT:
Evasion of tax - goods transported illegally - consignors and consignees are non-existent - seizure - Whether under the facts and circumstances of the case, seizure of...
January 10, 2017
I.Tax:
Nature of income - Income received from Strand Book Stall for providing warehousing, binding, shrink wrapping, supervision charges and mailing charges - taxable as...
January 10, 2017
I.Tax:
Mere failure to file the relevant vouchers as required by the AO cannot be the basis for disallowance unless it is found that the expenditures were not incurred wholly...
January 10, 2017
I.Tax:
Disallowance u/s 40 A(2)(b) - payment to the specified person - excessive and unreasonable expenditure - is clear that double filter oil is more costly than the filter...
January 10, 2017
I.Tax:
Reopening of assessment - it is a settled law that an assessment could not be reopened only on the basis of difference in TDS certificate and receipts shown in the P&L account - AT
January 10, 2017
I.Tax:
Disallowance of foreign travel expenditure - it was not open to AO to deny any part of deduction for these expenses particularly when there is no material to hold that...
January 10, 2017
I.Tax:
Disallowance of alleged unverified purchases/expenditure - Absence of receipt of any reply from the suppliers cannot by itself demonstrate any bogus claim by the...
January 10, 2017
I.Tax:
Penalty u/s 271(1)(c) - addition made on protected assessment - addition in this case was made on protected assessment/addition on estimated basis which is against the law - AT
January 10, 2017
I.Tax:
TPA - If all the public sector undertakings are to be treated as ‘associated enterprises’, the inter se transactions between all the public sector undertakings will be...
January 10, 2017
I.Tax:
TPA - Associate companies - scope of section 92A - An artificial juridical person is a creature of law but the President of India is a creation of the constitution. -...
January 10, 2017
I.Tax:
Benefit of exemption 11 - assessee's trust can promote its charitable objects by giving donation to other charitable organizations and such donations will amount to...
January 10, 2017
I.Tax:
TDS u/s 195 - payment made to Non-Resident, viz. Chemical Abstract Services USA, for online access to the database system "SciFinder" - not in the nature of royalty -...
January 10, 2017
S.Tax:
CENVAT credit - Whether bills of entry in the name of M/s Godfrey Phillips India Ltd. and not bearing the endorsement of proper office of Customs are valid documents...
January 10, 2017
S.Tax:
CENVAT credit - Cargo handling services - Courier services - nexus with output service - such services, have been used for purposes of repair and maintenance services...
January 10, 2017
S.Tax:
Refund claim - the appellant in the capacity of recipient of service, can file refund application before the authorities having jurisdiction over the service recipient...
January 10, 2017
C.Ex.:
100% EOU - The levy of duty u/s 3 of Central Excise Act, 1944 on clearances effected domestically includes all duties leviable under all the statutes relevant to...
January 10, 2017
C.Ex.:
Reversal of CENVAT credit on capital goods wrongly taken - when the Cenvat credit are availed on the inputs or capital goods, the credits get merged and as such, lose...
January 10, 2017
C.Ex.:
Valuation - captive consumption - Since the transaction value of the excisable goods is available and not all the excisable goods are captively consumed, the provisions...
January 10, 2017
C.Ex.:
100% EOU - there is no such stipulation that the input services must be provided or received in the factory of manufacture - the appellant is entitled to refund of...
January 10, 2017
C.Ex.:
Manufacture - process of tinting - The appellant have entertained a bona fide view that process of tinting may not be liable to excise duty in the light of long standing...
January 10, 2017
C.Ex.:
Interest on differential duty - Supplementary invoices - when the normal time limit prescribed is one year from the relevant date for recovery of the principal amount,...
January 10, 2017
C.Ex.:
Job work - credit on capital goods - semi-finished goods removed by the job worker from its unit to the principal, without payment of duty, would not come within the...
January 10, 2017
Cus.:
Valuation - High Seas Sale - no evidence was produced regarding the nature of the administrative charges, therefore so called administrative charges, in our view is...
January 10, 2017
Cus.:
Refund claim - the appellant right from filing of bill of entry have protested the denial of exemption notification - The adjudicating authority must pass a speaking...
January 9, 2017
I.Tax:
Renewal of approval u/s 80G(5) / 12AA denied - genuine charitable / education activity u/s 2(15) - as for the previous three years, the assessee has shown surpluses -...
January 9, 2017
I.Tax:
Reopening of assessment - Reason to believe - Application of mind by the sanctioning authority - the instant case is not that of mere rubber stamping - He himself wrote...
January 9, 2017
I.Tax:
Exemption u/s 11 - Condonation of delay for extending the due date of filing of the return of the income - There is no prohibition for condoning delay even if the...
January 9, 2017
I.Tax:
Unaccounted purchases - since these purchases too were made outside the books of account and proper accounting or reconciliation could not be made by the assessee, the...
January 9, 2017
I.Tax:
Section 44BB is a complete code in itself and the amount received, be it by way of reimbursement, is not, in any way, excluded from the ambit of Section 44BB. Therefore,...
January 9, 2017
I.Tax:
Rental receipts from letting out commercial properties is assessable under the head income from profits & gains of business or profession and not as income from house property - AT
January 9, 2017
I.Tax:
Allowability of commission payment - proof that the services rendered to the assessee by the payees - assessee has placed on record all possible details in order to...
January 9, 2017
I.Tax:
Mere fact that the assessee has also quickly sold shares in some instances within the short interval would not ipso facto lead to a conclusion that the assessee was a...
January 9, 2017
S.Tax:
Classification of taxable services - Commissioner (Appeals) put the responsibility of classification only on the appellant without giving his finding on the claim made...
January 9, 2017
S.Tax:
BAS - The motor vehicle department is assigned a statutory obligation to issue registrations; such statutory activities are not, even remotely, describable as service...
January 9, 2017
C.Ex.:
SSI exemption - value of clearances exceeding ₹ 300 lakhs - Revenue has not taken any pain to determine the value of food prepared and cake and pastries prepared...
January 9, 2017
C.Ex.:
CENVAT credit - input procured for intended to be used in export but actually used - a manufacturer who adopts the strategy of procurement for export, on the strength of...
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: Section 17(2) Rule 42
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: Unexplained money u/s 69A - deposits in bank account during the demone...
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: Cancellation of GST registration of the petitioner with retrospective ...
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: Penalty proceedings u/s 270A - Applicable rate of penalty - The Appell...
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: Exemption u/s 11 - assessee has not e-filed or not filed return within...
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: Penalty u/s. 270A - Under-reporting of income / Mis-reporting - Intere...
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: Eligibility of exemption u/s 80P(2)(a)(i) or u/s 80P(2)(d) - interest ...
H
: Deduction claimed u/s. 80P(2)(a)(i) - Status showing as AOP and not me...
C
: Relaxation in requirement of intimation of changes in the terms of Pri...
F
: Sec 16(4) Reversal of ITC when 3B is filed belatedly
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: LTCG - year of assessment - The Tribunal noted discrepancies in the ye...
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: Taxation on gains arising out of compulsory acquisitions - Admission o...
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: Revision u/s 263 - Additions u/s 69 r.w.s. 115BBE - excess stock found...
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: Imposition of penalties u/s 114 (iii) and 114A on employees / manager ...
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: Revocation of the Customs Brokers’ licence - non-existent entities...
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: Import of Internal Remote Electrical Tilt Switches (iRET) - benefit of...
H
: Smuggling - Prohibited goods - confiscation of cigarettes containers c...
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: Revocation of Customs Brokers’ licence - Non-existent exporters have a...
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: APPOINTMENT OF INDEPENDENT DIRECTOR OVER 75 YEARS OF AGE
A
: RECENT DEVELOPMENTS IN GST
A
: Section 115BBE is prospective held by the Supreme Court
A
: A Guide for Types Of Leaves and Law policies for Employees in India
C
: Corrigendum to Public Notice No.01/2024 dated 9th April, 2024 on modif...
F
: sales Against 0.1% GST- if export not done within 90 Days
F
: Composition scheme
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: A Simple Analysis of Duty Drawback
A
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Black Money .... Act, 2015
Black Money .... Rules, 2015
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Highlights January January 2017 Year 2017
