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Highlights / Annotations / Catch Notes For November of 2012
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November
November 2012
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Showing 1 to 50 of 200 Records
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November 30, 2012
Cus.:
Anti-dumping duty on the import of Caustic Soda, originating in or exported from Saudi Arabia, Iran. Japan and United States of America - Notification
November 29, 2012
VAT:
Deemed sale – Levy of VAT on agreement for the building and construction of immovable property - constitutional validity upheld. - HC
November 29, 2012
C.Ex.:
MRP valuation – Interest on differential duty liability due to alternation of MRP at Depot - footwear – matter remanded back - AT
November 29, 2012
C.Ex.:
Manufacture of cement - Modvat / CENVAT Credit allowed in respect of explosives, grinding media, cylpebs, refractories (fire bricks) steel castings, ball bearings,...
November 29, 2012
C.Ex.:
Reversal of Cenvat Credit - goods exempted after availing cenvat credit on Inputs - even though the final product may be exempt from payment of excise, the assessee...
November 29, 2012
C.Ex.:
When the charging Section itself is deleted without any saving clause, no recovery under the said Section can be made by resorting to Rule 96ZQ of the Rules. - Even...
November 29, 2012
C.Ex.:
Scope of the word “or“ in definition u/s 2(b) - jurisdiction of Central Excise Officer – Additional Director General/Commissioner, Central Excise had every jurisdiction...
November 29, 2012
S.Tax:
Service tax demand - sponsorship service - Activity is proved to be 'sponsored of the event service' but during the relevant time the 'sponsorship of the sports event'...
November 29, 2012
S.Tax:
Extended Period of limitation – utilization of Cenvat Credit for exempted and non exempted services - It was not a case of mere omission to give correct information -...
November 29, 2012
Indian Laws:
Petition against an Order of ICAI holding that the complaint filed by the Petitioner against Mr. Ajay B. Garg, a Chartered Accountant and the Member of the Institute of...
November 29, 2012
I.Tax:
Exemption u/s 54F - Allegation of deferment of tax on LTCG - Capital gain arouse in AY 2006-07 - deposited in capital gain account scheme as on 30-10-2006 - offered to...
November 29, 2012
I.Tax:
Usage of pasteurised condensed milk is not necessary for the purpose of production of ghee and curd. Because the assessee used the standardised and pasteurised milk, we...
November 29, 2012
I.Tax:
Registration u/s 12AA - charitable activity - genuineness - The present society is doing its business and charging huge fees from the public which is in addition to the...
November 29, 2012
I.Tax:
Validity of Service of Notice in Block Assessment – the provisions of section 292B are not applicable in the case no notice under section 143 (2) has been issued - AT
November 29, 2012
I.Tax:
Exemption u/s10(23C)(iiiad) – when the assessee has been granted exemption u/s 10(22) with the same objectives, the assessee has to be granted exemption u/s...
November 28, 2012
VAT:
Trade Mark is "Goods" as defined in the Act - Royalty received by the petitioner is exigible to tax under the KVAT Act. - introduction of Service Tax is inconsequential. - HC
November 28, 2012
I.Tax:
Payment for bandwidth would constitute neither royalties nor fees for technical services either under the Act or under the agreement for Avoidance of Double Taxation with USA. - AT
November 28, 2012
I.Tax:
Chargeability to Capital gain - the land in question was acquired by father of the assessee free of cost. Therefore, there is no question of capital gain on transfer of...
November 28, 2012
I.Tax:
Income from house property - moment the commercial surcharge is recovered irrespective of the provisions of the agreement entered into by and between the landlord and...
November 28, 2012
I.Tax:
Interest on late deduction of TDS due to stay order passed by High Court - Assessee not to be treated in default - for the stay period no Interest u/s 201(1A) - SC
November 28, 2012
S.Tax:
Launching of “Zonal E-Helpline” for Trade & Industry in Mumbai Central Excise & Service Tax Zone-I. - Trade Notice
November 27, 2012
FEMA:
Waiver of pre-deposit – undue hardship – The word undue adds something more than just hardship. It means an excessive hardship or a hardship greater than the...
November 27, 2012
Cus.:
The appeal is not maintainable before the Tribunal against the order under Section 110A of the Customs Act, 1962 of provisional release of goods pending the order of adjudication. - AT
November 27, 2012
Co.Law:
Existence of an an oral agreement does not mean it is a concluded contract which could be enforced by law - HC
November 27, 2012
I.Tax:
Rajiv Gandhi Equity Savings Scheme, 2012 - In This Scheme shall apply for claiming deduction in the computation of total income of the assessment year relevant to a...
November 27, 2012
I.Tax:
Once there is no defect in the books of account pointed out by the AO and the surrender made is proved to be false, then the assessee has right to retract from the...
November 27, 2012
I.Tax:
Capital Receipt vs Revenue Receipt - Excise Duty refund is to be treated as ‘capital receipt’ in the hands of the assessee and not liable to be taxed - AT
November 27, 2012
I.Tax:
Deduction u/s 80O or 80HHE - one cannot make Section 80-O as an alternate to an allowability of the deduction under Section 80HHE for the purpose of better tax deduction - HC
November 27, 2012
FEMA:
Liaison Office (LO)/Branch Office (BO) in India by Foreign Entities – Reporting to Income Tax Authorities. - Circular
November 27, 2012
I.Tax:
Registration of Trust - gap of 29 years - non-filing of the returns for the last several years cannot be a ground for declining to grant registration u/s 12A / 12AA - HC
November 26, 2012
Cus.:
Appeal before commissioner (appeals) - without authorization - it would be unconscionable to hold that the chartered accountant fitted in the meaning of principal officer. - AT
November 26, 2012
S.Tax:
Denial of service tax credit - service tax registration numbers of the suppliers are not available on invoices – rectifiable mistake - credit allowed - AT
November 26, 2012
S.Tax:
Business auxiliary service (BAS) - Export of service - VISA/Mastercard - payments received by the appellants for promoting the business of the brand name owners. - stay granted - AT
November 26, 2012
S.Tax:
Cenvat credit on the security service - at assessee’s pump house for pumping water, which is required as a coolant in their manufacturing operations – credit allowed - AT
November 26, 2012
S.Tax:
Taxability of reimbursable expenses on travel local accommodation - action of the appellant was bonafide and suppression cannot be alleged for invoking extended period...
November 26, 2012
C.Ex.:
Petitioner challenged the levying of 5% excise duty with cess on the coal purchased by them from the Coal India Ltd. claiming that levying of such 5% of excise duty is...
November 26, 2012
C.Ex.:
Duty and penalty – job worker - area based exemption - non filing of declaration - Notification No. 50/2003-C.E., dated 10-6-2003 - stay granted - AT
November 26, 2012
VAT:
Input tax credit - inputs used for generation of electrical energy in the Captive Thermal Plant which is used in the process of manufacture of finished product - tax...
November 26, 2012
FEMA:
Foreign currency borrowings by successful bidders of 2G spectrum re-auction - special arrangements - Notification
November 26, 2012
I.Tax:
Commission versus Discount - TDS u/s 194H - discount on sale of SIM Cards and other BSNL products - Decisions in the matter of Vodafone Essar Cellular Ltd (2010 (8) TMI...
November 25, 2012
I.Tax:
Settlement of Case – scope of the term 'pending' case - proceeding for assessment/reassessment u/s 147 are specifically excluded from the purview of "case" as defined...
November 25, 2012
I.Tax:
When the unabsorbed depreciation could not be set off as against the income from business or profession the same can be set off from income from other sources - HC
November 25, 2012
I.Tax:
Addition on account of accrued interest – There is uncertainty in realizing the principle itself. - no notional interest can be brought to tax. - AT
November 25, 2012
C.Ex.:
Coal based captive power plant - Exemption Notification No. 6/2006-C.E. at Sr. No. 91 read with Notification No. 91/2004-Cus. - it is not necessary that the...
November 25, 2012
C.Ex.:
100% Export Oriented Unit – CENVAT credit cannot be utilized for paying Customs duty on imported goods and paying Excise duty on inputs which are cleared as such - AT
November 25, 2012
VAT:
Constitutional validity of levy of entry tax on imported goods - Plant, which is brought in knock down condition, is a combination of machinery - it is liable for entry tax. - HC
November 25, 2012
Co.Law:
The term, ‘suit’ would apply only to proceedings in a civil court and not actions for recovery proceedings filed by banks and financial institutions before a Tribunal,...
November 23, 2012
S.Tax:
Service tax liability on the GTA services - recipient of the services - payment of service tax utilizing cenvat credit – appellant directed to make payment through TR6...
November 23, 2012
I.Tax:
The determination of undisclosed income consequent to search action and framing assessment under section 153C of the Act is different from regular assessment or it is...
November 23, 2012
I.Tax:
Computation of capital gains - market price of the shares cannot be taken for the purpose of computation of capital gain as per sec. 48 when there is no under statement...
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: Addition u/s 68 - unexplained gifts received from family members - The...
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: Rectification u/s 154 - The Assessee filed a rectification application...
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: Nature of receipt - Profits in lieu of salary or capital receipt - Rec...
F
: ITC CLAIMED AFTER DUE DATE
C
: Periodic reporting format for Investment Advisers
H
: Rejection of the application for final approval u/s. 80G on technical ...
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: Taxability of income in India - Proof of residence - assessee is a non...
H
: Validity of unsigned order - Final assessment order not signed by the ...
H
: Validity of reopening of assessment - no approval was taken U/s 151 - ...
H
: Benami transaction - possession of a significant amount of cash - Vali...
H
: Revocation of ADD imposed on Purified Terephthalic Acid (PTA) - Absenc...
H
: Admissibility of CIRP u/s 9 of the IBC - The Appellate Tribunal found ...
H
: Levy of service tax - Employees were deputed to the assessee - receivi...
H
: Levy of Service Tax with respect to Tour Operator’s Service - The Trib...
H
: Eligibility for deduction of cost of medicines incurred for providing ...
H
: Refund of Service tax paid - time limitation - The Appellate Tribunal ...
H
: Taxability of notice period recovery / pay - Declared Service or not -...
A
: TIMELINE FOR REFUND UNDER SECTION 38(3) OF THE DELHI VALUE ADDED TAX, 2004
A
: PRE-DEPOSIT & STAY OF DEMAND
F
: Addition of unaccounted supplies in the Returns
A
: Who is The Regulatory Body of GIFT City in India?
N
: Securities and Exchange Board of India (Employees Service) (Second Ame...
N
: Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024.
N
: Export of food commodities through National Cooperative Exports Limite...
N
: Seeks to further amend List 34A and List 34B in the Appendix to the Ta...
N
: Amendment in the Export policy of Onions
F
: ITC of FY 2017-18 blocked
A
: GST APPEALS: WHAT ONE SHOULD KNOW
F
: GST PENALTY SECTION 122
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: Entities allowed to use e-KYC Aadhaar Authentication services of UIDAI...
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