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Highlights / Annotations / Catch Notes For October of 2015
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October 2015
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Showing 51 to 100 of 594 Records
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October 28, 2015
I.Tax:
Penalty u/s. 271D - where the loans are recorded by merely passing adjustment entries or journal entries are outside the scope of section 269SS - No penalty - AT
October 28, 2015
I.Tax:
Revised return filed beyond the permissible date - Set off of brought forward business loss and unabsorbed depreciation of amalgamating company - revised return...
October 28, 2015
I.Tax:
Disallowance of interest u/s 24(b) while computing 'Income from House Property" - payment of interest by the firm to the partners is an allowable expenditure if the said...
October 28, 2015
Cus.:
Classification of Liquid Crystal Devices (LCDs) - LCDs are specifically mentioned in CTH 9013 as it has LCDs by name while description of CTH 85.29 is general in nature...
October 28, 2015
Cus.:
Misdeclaration of goods - goods imported were different from the goods ordered - Re export of goods allowed - there is no reasonable ground for imposition of fine and...
October 28, 2015
Cus.:
Import of plastic granules under exemption scheme (Target Plus Scheme) to be used for manufacturing of final products - Goods sent to Job Work – There is no transfer of...
October 28, 2015
C.Ex.:
Penalty u/s 11AC - valuation - Assessee paid the duty suo motu without any enquiries or any objection from the department. This conduct of the respondent clearly...
October 28, 2015
C.Ex.:
Classification of goods - Base frames - the base frame would be classifiable under 8485 and not 8413, irrespective of the fact that such base frames are designed for...
October 28, 2015
C.Ex.:
Valuation - cost of loading/handling charges and insurance at the rate of 8% (under the Employees State Insurance Scheme) incurred on the sale of such scrap not to be...
October 28, 2015
C.Ex.:
Valuation - Captive consumption - it is only the apprehension that the date of invoices for independent buyers is different from the date of invoice for captive...
October 28, 2015
C.Ex.:
Denial of Carry forward of CENVAT Credit - Conversion of DTA to EOU - Rule 11(3) will apply only in the situation where final products are exempted. - The final products...
October 28, 2015
C.Ex.:
Justification of appeals filed by the Revenue - tribunal observed that why these appeals have been filed before this Tribunal when there is no proposal by the Committee...
October 28, 2015
C.Ex.:
CENVAT Credit - when the duty on HR sheets is not paid on the basis of thickness but on the basis of weight, the use of HR sheets of less than 4 mm thickness has no...
October 28, 2015
C.Ex.:
Valuation of goods - whether the installation, erection and commissioning charges for equipment installed at customer's premises and values thereof can be added/included...
October 28, 2015
S.Tax:
Denial of CENVAT Credit - the services which are rendered at the residential colony for the employees cannot be availed as CENVAT Credit. - AT
October 28, 2015
S.Tax:
CENVAT Credit - whether service tax paid by the appellant on external commercial borrowings (ECB), on which service tax was paid under “Banking and Other financial...
October 28, 2015
S.Tax:
Denial of refund claim of cenvat credit - export of services - after sale support service - Business Auxiliary Service - business of processing of chips, the activity...
October 28, 2015
S.Tax:
Penalty u/s 76 and 78 of Finance Act, 1994 – There was suppression of material facts with intention to evade payment of service tax as it was already collected from...
October 27, 2015
I.Tax:
Expenditure incurred on oil solvent extraction plant - whether as the production had not commenced and therefore, it is in the nature of capital expenditure - Revenue...
October 27, 2015
I.Tax:
Non deduction of tax at source u/s 194J - if the business associates of the assessee (aggregator or service provider) has not deducted the TDS, there is a loss to the...
October 27, 2015
I.Tax:
Gifts made - the assessee was absolute owner of NDAW upto 24/07/2007 and transferred his 51% shares to RBE and then made the gift to NDAW, in which he still holds 49%...
October 27, 2015
I.Tax:
Penalty u/s 271(I)(c) - Assessee cannot be fastened with the liability of penalty without there being a clear or specific charge. Fixing a charge in a vague and casual...
October 27, 2015
I.Tax:
Sale of premises - Long Term Capital Gain OR Business Income - assessee has rightly offered to tax income from rent as ‘Income from House Property’ but that will not...
October 27, 2015
I.Tax:
Revision u/s 263 - CIT cannot revise a non est order in the eye of law. Since the assessment order was passed in pursuance to the notice u/s 143(2), which was beyond...
October 27, 2015
I.Tax:
Penalty u/s. 271(1)(c) - notice u/s. 274 of the Act in the present case does not make any reference as to whether the assessee has concealed or furnished inaccurate...
October 27, 2015
I.Tax:
Levy of interest u/s 234D - mistake in computing the interest u/s 244A has been rectified by passing the order u/s 154 and with which the assessee has no quarrel. It is...
October 27, 2015
I.Tax:
Exemption u/s 11 & 12 - promotion of football games - The mere fact that the appellant society had generated sponsorship funds, during the course of carrying on the...
October 27, 2015
C.Ex.:
CENVAT Credit - capital goods - appellant is not required to reverse CENVAT Credit taken on the capital goods, which was procured and subsequently re-exported - AT
October 27, 2015
Cus.:
Entitlement of Duty Credit Scrips under Served From India Scheme (SFIS) declared deficient – It is undisputed that brand "Castrol India" is not an Indian brand -...
October 27, 2015
Cus.:
Revenue has sought to open assessments which had been finalised more than five years ago on grounds of mis-declaration of goods – Assessments were finalised after...
October 27, 2015
C.Ex.:
When the adjudicating authority held that it is an issue of interpretation of Rule, therefore it cannot be alleged that appellant has taken cenvat credit by way of...
October 27, 2015
C.Ex.:
Admissibility of cenvat credit - Rejected and returned goods - appellant whereas, the appellant has produced documentary evidence to show that certain process were done...
October 27, 2015
C.Ex.:
Determination of assessable value - Trade discount - by changing the nomenclature, they are only trying to mislead the department and by change of the nomenclature,...
October 27, 2015
C.Ex.:
Denial of remission of duty - Loss of molasses due to Puncture of the drain nipple - as long as the accident is not deliberate and there is no mala fide on the part of...
October 27, 2015
C.Ex.:
Cenvat Credit - No evidence has been produced by the Revenue that duty paid inputs are directly used in the manufacture of exempted byproduct Bio Feed. - demand set aside - AT
October 27, 2015
C.Ex.:
Whether the appellant is required to reverse the cenvat credit on account of discounts awarded to the appellant after clearance of the goods on payment of duty by the...
October 27, 2015
S.Tax:
Storage and warehousing services - nature of amount collected from auction of goods where importer failed to take the delivery - no service tax liability arises on such...
October 27, 2015
S.Tax:
CENVAT Credit - input services - construction of dormitory adjacent to the factory premises was the necessity because of the location of the factory in a remote area -...
October 27, 2015
S.Tax:
Liability of Service Tax - scope of the work order indicates a specific job of welding and gas cutting to be undertaken by the appellant - appellant is required to...
October 27, 2015
S.Tax:
Export of services - Rebate claim for the Month of March 2007 - there is a change in the provisions of Rule 3(ii) of the Export of Service with effect from 01.03.2007,...
October 27, 2015
S.Tax:
Refund of Service Tax claimed on inputs services – Export of goods - Exemption under Notification No.17/2009-ST requires clear classification of input services - Error...
October 26, 2015
I.Tax:
Addition u/s 36 - the disallowance should be restricted to net interest paid on the overdraft amount in relation to payments made by the assessee on behalf of the...
October 26, 2015
I.Tax:
Taxation on amount received on family settlement - accrual of income - entire property was in existence at the time of partition in which concerned family members were...
October 26, 2015
I.Tax:
Penalty u/s 221(1) - outstanding demand on account of self assessment tax -the penalty imposed at 10% of the outstanding demand for both the assessment years u/s 221(1)...
October 26, 2015
I.Tax:
Capital gains tax - whether the amount received by the assessee from the sale of property, the title of which was acquired by way of adverse possession and which did not...
October 26, 2015
I.Tax:
Additional depreciation on wind mill - assessee had made a claim in the revised computation of income statement filed before completion of assessment proceedings -...
October 26, 2015
I.Tax:
Short term capital loss - sale of plant & machinery as scrap - the alleged short term capital loss as claimed by the assessee on sale of machineries cannot be allowed,...
October 26, 2015
I.Tax:
Registration u/s 12AA denied - Trust created for giving medical aid, social welfare, uplifting of poor members of the community and for giving financial and other help...
October 26, 2015
I.Tax:
Exemption U/s. 10A - AO noticed that that invoice issued on 31st March 2010 was cleared by STPI authority on 6 May 2010, i.e. in FY 2010-11, hence, the same cannot be...
October 26, 2015
Cus.:
Goods not cleared on the basis of being hazardous – By not passing any orders on the petitioners application for provisional assessment or by not passing any orders on...
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: Foreign Tax Credit u/s. 90 - denial of tax credit paid in the source c...
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