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Highlights / Annotations / Catch Notes For October of 2016
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Showing 151 to 200 of 399 Records
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October 19, 2016
S.Tax:
Refund of service tax paid - Rejection would, certainly, have to be articulated in a speaking order with reasoned substantiation for that course of action. The rejection...
October 19, 2016
S.Tax:
Refund claim of service tax paid - classification of services - Claiming a refund of the amount paid as tax as per their understanding of law cannot be disputed now -...
October 19, 2016
C.Ex.:
Deduction of Trade discount from Assessable value - commission (claimed as ‘trade discount') paid to agents/dealers for arranged sales to third parties will not be...
October 19, 2016
C.Ex.:
CENVAT credit - capital goods - manufacturing of health products - installation of bulk milk coolers (BMC) and DG sets at milk collection centres to store the milk...
October 19, 2016
C.Ex.:
Cenvat Credit - The service tax paid towards accommodation to the experts are rightly covered by the ‘input service' in terms of Rule 2(l) of Cenvat Credit Rules, 2004 - AT
October 19, 2016
C.Ex.:
Demand of CENVAT credit availed - classification of goods - non-woven textile fabrics falling under CETA 56.03 or classified under 39231090 - The HSN clearly recognize...
October 19, 2016
C.Ex.:
Levy of penalty - Manipulation of account current (PLA) - although there may be mistake of the appellants but the appellants cannot take the benefit of the same as they...
October 19, 2016
C.Ex.:
Valuation - related person - The price charged by the trading company includes various services charges, their profit and cost alongwith machines, in that circumstance,...
October 19, 2016
C.Ex.:
Valuation - related person - it is routine practice in the business that buyers of the goods give certain advances to the suppliers, therefore, it cannot be said that by...
October 19, 2016
Cus.:
Renewal of Customs Broker Licence - The CESTAT, rightly set aside the order of suspension and such orders were confirmed by the HC - Therefore, it would be wholly...
October 19, 2016
Cus.:
Imposition of ADD - Hot Rolled Flat Products of Stainless steel - when the import during POI gave a fair indication about quantum being above 3% there is no need to look...
October 19, 2016
I.Tax:
Penalty u/s.271D - violation of Section 269SS - adjustments through journal entries - Since there was no payment in cash either by the assessee or on its behalf it could...
October 19, 2016
I.Tax:
Deduction u/s 54F - whether the assessee owns more than one residential house - when one considers the gain or exclusion from the set off of the gain it should be...
October 19, 2016
I.Tax:
TDS u/s 195 - AO could not establish that the impugned payments made by the assessee to non residents outside India were chargeable to tax in India and in this...
October 19, 2016
I.Tax:
Depreciation on plastic mould - two wheeler manufacturer - it is immaterial whether the plastic /rubber moulds were used in the factory premises of the assessee or...
October 18, 2016
I.Tax:
Income-tax (28th Amendment), Rules, 2016 - Special Provisions Relating to Tax on Distributed income of Domestic Company for Buy-Back of Shares - Notification
October 18, 2016
S.Tax:
Taxability of club membership fees - there is mutuality of interest between the Association and its Members, inasmuch as the society is comprising of all the major ports...
October 18, 2016
S.Tax:
Invocation of extended period of limitation - the first SCN was issued on 26.5.2009 invoking the extended period of limitation. The Department is precluded from issuing...
October 18, 2016
S.Tax:
Import of services - reverse charge method - it has not been established if the said ‘intellectual property right’ was acknowledged under the relevant Indian law - demand set aside - AT
October 18, 2016
S.Tax:
Imposition of penalty - construction of complex - late payment of service tax - benefit of doubt and bonafide belief - The appellant have shown the reasonable cause for...
October 18, 2016
C.Ex.:
Valuation - interconnected undertakings u/s 2(g) of MRTP Act, 1969 - It is apparent that when the affairs of these 3 units were managed by overall control, the benefit...
October 18, 2016
C.Ex.:
The activity of packing refined edible oil received in tankers into small containers cannot be treated as manufacturing activity in terms of Note 4 of Chapter 15 of...
October 18, 2016
C.Ex.:
Cenvat credit cannot be denied to the assessee merely, on the ground that at the time of investigation, the dealer was non-existent. - AT
October 18, 2016
C.Ex.:
Manufacture - Intermediate products - captive consumption - marketability - The Revenue has sought to demand duty on additive mixture without alleging additive mixture...
October 18, 2016
Cus.:
Levy of Anti Dumping duty - challenging the finding of the DA - caustic soda - chlorine - the position of "Equal Economic Importance" cannot be given to chlorine in the...
October 18, 2016
VAT:
There should have been a specific finding recorded by the AO that the turnover that has escaped in the first and initial round of assessment, is the result of wilful...
October 18, 2016
I.Tax:
Levy of Penalty u/s 271 (1)(c) - if the notice is found to be illegal and is found to be unsustainable in law and the consequences would be that there is breach of natural justice - HC
October 18, 2016
I.Tax:
Validity of revision order u/s 263 - where exhaustive exercise has been done by the AO, the order of the AO in allowing the impugned loss could not have been held to be erroneous. - AT
October 18, 2016
I.Tax:
Protective addition cannot be converted into substantive addition in the hands of an assessee merely because substantive addition was not made in the hands of another assessee. - AT
October 18, 2016
I.Tax:
Levy of penalty u/s 271(1)(c) - assessment based on estimated income - professional entry operator - Nothing emerges from record that the assessee agreed to the addition...
October 18, 2016
I.Tax:
Disallowance of deduction u/s 80C on account of LIC premium and the Tuition Fees paid - documentary evidence - The said amounts have been duly paid out from the banking...
October 18, 2016
I.Tax:
Compensation received for cancellation of development agreement - AO has developed a misplaced understanding of the nature of the transaction by treating it as capital...
October 18, 2016
I.Tax:
The objects of the assessee society are not in respect of educational purposes because the same amounts to rendering consultancy services - exemption u/s 10(23C)(vi) was...
October 18, 2016
I.Tax:
Addition u/s 43B - outstanding demand of sales tax - deduction u/s 43B allowed even if no sales tax liability was shown in the balance sheet where the same has been paid...
October 17, 2016
S.Tax:
CENVAT credit - trading activity - input services - entire quantum of the service tax paid by the commission agent entitled as credit to the appellant - AT
October 17, 2016
S.Tax:
Rate of tax - rate as on date of payment of tax or as on the date on which service provided - in the SCN nothing is mentions about the period when the services were...
October 17, 2016
C.Ex.:
SSI Exemption - Clubbing of clearances - where the companies are indeed interdependent and possibly even related through financial control and management, the value of...
October 17, 2016
C.Ex.:
Clandestine removal of excisable goods - When on the date of stock taking itself appellant was reluctant to sign the stock taking made by the department and the...
October 17, 2016
Cus.:
Recovery of Duty drawback - non receipt of export proceeds - Rule 16A is a clarificatory provision clarifying the position of law which already exists in the form of...
October 17, 2016
Cus.:
Refusal for allowing advance authorisation and a duty free import authorisation (DFIA) - relaxation is not a right and nothing accrues in the petitioners' favour to...
October 17, 2016
VAT:
Constitutional validity of levy of VAT on pan masala containing tobacco - The State's power to legislate is not curtailed by the ADE Act. If that is not curtailed, then,...
October 17, 2016
VAT:
Principles of natural justice - levy of penalty - the inherent defect, which has crept in the order, affects its very validity. The violation of the principles of...
October 17, 2016
Indian Laws:
Payment of motor vehicle tax - Whether a service can be classified as Deluxe service only on the ground that the seats in the vehicle have push back or reclining facility - No - HC
October 17, 2016
I.Tax:
Deductions from estimated income - Depreciation should be excluded but the interest and remuneration to working partners are allowable as deduction as it does not fall...
October 17, 2016
I.Tax:
AO and the CIT (A) are not on the same page for levy of penalty u/s 271 (1)(c) of the Act. Further, mere disallowance of a claim will not automatically attract the levy of penalty - AT
October 17, 2016
I.Tax:
When a partner retires from the firm and receives share of amount calculated on the value of partnership asset including goodwill of the firm, there is no transfer of...
October 17, 2016
I.Tax:
On-money received - document seized during survey - the difference between the rate stated in the letter of intent and the sale agreement is the undisclosed income which...
October 17, 2016
I.Tax:
Penalty u/s 271(1)(b) - failure to comply with statutory notices issued u/s 142(1) - it is difficult to gather all the required information within a short period i.e 7...
October 17, 2016
I.Tax:
TDS u/s 194J - open access charges incurred by the assessee towards transmission of electricity from its plant to various parts of the country, through transmission...
October 17, 2016
I.Tax:
Exemption u/s 11 - the assessee association’s primary purpose was advancement of objects of general public utility and it would remain charitable even if an incidental...
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: Foreign Tax Credit u/s. 90 - denial of tax credit paid in the source c...
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: AO/CPC jurisdiction u/s 143(1) to carry out 43B(a) disallowance - The ...
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Highlights October October 2016 Year 2016
