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Highlights / Annotations / Catch Notes For November of 2016
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Showing 301 to 350 of 385 Records
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November 7, 2016
Cus.:
Waiver of pre-dposite - Classification of steam coal - matter is pending before the larger bench - trade parlance theory - to be classified as Bituminous coal under...
November 7, 2016
Cus.:
Classification of Compact Disc Re Writer (CDRW) - the goods CDRW are not covered by CTH 8471 7020 since this is a specific heading only for hard disc drives(HDD)....
November 7, 2016
VAT:
Rate of tax on tissue paper - @4% or 12.5% - The word 'paper' used in the Entry is in generic form, which will include all types of paper, which has its essential...
November 7, 2016
VAT:
Interest on refund - nothing prevents a constitutional court from granting such interest in extraordinary circumstances where the money has been withheld by the State...
November 7, 2016
VAT:
Levy of tax u/s 8(1) of the CST Act - Inter-State sale of LPG - no tax could be levied on interState sales of LPG since the local sales thereof are exempt from payment of tax - HC
November 5, 2016
I.Tax:
Penalty u/s 271FA - delay of 561 days in furnishing AIR u/s 285BA - No mala fides can be attributed to the assessee so as to invoke the penalty proceedings under section...
November 5, 2016
I.Tax:
The amount of advance given to partners and sister concerns is debited to the capital account of the partners, still there is a credit balance in the partners capital...
November 5, 2016
I.Tax:
TPA - selection of comparable - the companies having diminishing revenue should not be excluded, but, only the companies having persistent losses should be expelled from...
November 5, 2016
I.Tax:
Determination of ALP - transactions of the assessee with its Branch Office in Canada - total revenue earned by branch office Canada has been offered for taxation -...
November 5, 2016
I.Tax:
Transfer pricing adjustment - the action of the AO was not sustainable because he on the one hand had accepted TNMM and also used profit split method for attribution of...
November 5, 2016
I.Tax:
Penalty u/s. 271(1)(c) - T.P. adjustment - It is not a case of a disallowance of any claim of expenditure under section 37(1) albeit the value of the transaction has...
November 5, 2016
S.Tax:
Refund - unjust enrichment - When the appellant himself has calculated the tax liability from the amount received from ONGC by working backwards, it cannot be now said...
November 5, 2016
S.Tax:
Denial of CENVAT Credit - demand of service tax under the category of renting of immovable property - construction services - CENVAT credit on input services which are...
November 5, 2016
S.Tax:
Tour operator service - stage carriage permit - They do not at all become contract carriages as they do not conform to the definition of contract carriage in Section...
November 5, 2016
S.Tax:
GTA - Denial of benefit of N/N. 32/2004-ST dated 3.12.2004 - 75% abatement - the Board cannot prescribe any condition or procedure for availing any Exemption...
November 5, 2016
C.Ex.:
Valuation (Central Excise) - Turnover tax - whether at the time of working out valuation of the goods, under the Central Excises and Salt Act, 1944, the turnover tax can...
November 5, 2016
C.Ex.:
Price variation clause - refund claim - reduction in price, resulting in excess payment of duty - in such case where price variation was anticipated, the appellant...
November 5, 2016
C.Ex.:
Availing credit on returned goods - Rule 16 - clearances were made without cover of invoice as required under law and their records mis-declared the actual facts by...
November 5, 2016
Cus.:
Refund of SAD - The main misgiving on the part of the Revenue authorities is that the correlation cannot be established beyond doubt - CBEC has made the requirement that...
November 5, 2016
Cus.:
Import of consignment containing 6 Dumper Caterpillar - import through non-specified ports - there is no prohibition on their importation. By any stretch of imagination,...
November 5, 2016
Cus.:
Imposition of penalties - Apart from the statement there are ample documentary evidences which clearly establish that appellants were involved in aiding and abetting...
November 5, 2016
Cus.:
Valuation - enhancement of value - Comparison of the circle of stainless steel to prime product namely CR Coil is incorrect and cannot be allowed - AT
November 5, 2016
Cus.:
Import of consignments of Hot Rolled Coils - No different treatment is given to prime quality and nonprime quality material either in the Customs Tariff or in the DFRC...
November 5, 2016
Cus.:
Valuation - 24.030 MT of ‘unwrought, unalloyed electrolytic nickel cathodes’ - assessable value - enhancement of declared price - upward revision is without authority of law. - AT
November 5, 2016
VAT:
Classification - dumping hose cloth was in no way different from the cloth used for banians and it was only tubular in shape and therefore, held that the Assistant...
November 4, 2016
S.Tax:
Rejection of VCES declaration - Misdeclaration of value - withdrawal of immunity from penalty and prosecution - there is no violation of principles of natural justice...
November 4, 2016
Wealth-tax:
Addition of taxable wealth of the assessee because of surrender of the cash found in locker during the course of search confirmed - AT
November 4, 2016
S.Tax:
The appellant is entitled to cenvat credit on ‘input construction services’ - AT
November 4, 2016
S.Tax:
Except mere allegation of suppression, the Department did not bring any material on record to prove that there was suppression and concealment of facts to evade payment...
November 4, 2016
C.Ex.:
Process of separating valuable mineral sands from ordinary sea sand - whether the process amounts to manufacture or not? - Was not amount to manufacture before...
November 4, 2016
Cus.:
Misdeclaration of value of goods - personal penalty - To the extent that the role of the appellant in non-compliance has not been established, he is clearly beyond the...
November 4, 2016
Cus.:
Benefit of Duty Drawback - All Industry Rates - conversion of 24 free shipping bills to the drawback shipping bills - there was no reason for denying the benefit only on...
November 4, 2016
Cus.:
Levy of Penalty - Valuation - It is only inadvertent mistake occurred on the part of the appellant in not including cost of transportation, insurance and other expenses...
November 4, 2016
Cus.:
100% EOU - warehousing of goods - mismatch in the description of goods between the shipping bill and the procurement certificate - the only reason for mismatch can be a...
November 3, 2016
I.Tax:
Jurisdiction to make the assessment - order of assessment has been made by ITO (Exemptions), Muzaffarpur, who has not been vested with the jurisdiction to deal with the...
November 3, 2016
I.Tax:
Treatment to grant and the interest earned thereon as income of the Appellant-society - When the assessee is held as a custodian and the full command for utilization of...
November 3, 2016
I.Tax:
TDS liability arises or not - nature of agreement - Contract v/s joint venture - when the assessee has not claimed any amount towards expenditure pertaining to the...
November 3, 2016
I.Tax:
Capital gain - development agreement - unless the purchaser was actually physically put in possession, even though the agreement was entered, it cannot be said that...
November 3, 2016
I.Tax:
The retrospective amendment made by Finance Act, 2010 w.e.f. 01.06.1976 in Explanation 2 to section 9(2) of the Act, which received the assent of the President of India...
November 3, 2016
Indian Laws:
Four-tier GST rate structure of 5, 12, 18, 28 percent has been announced by the GST Council in addition to zero rated goods
November 3, 2016
S.Tax:
The Commissioner (Appeals) apparently committed an illegality in calculating the period of three months from the date of dispatch of order instead of from the date of...
November 3, 2016
S.Tax:
Management, Maintenance or Repair services in respect of SAP software - while canned software can be treated as goods the customer specific software would be classified...
November 3, 2016
S.Tax:
When main contractor has discharged the service tax liability, there can be no demand against the subcontractor for the same services for the same period - demand set aside - AT
November 3, 2016
S.Tax:
Classification of service - organic synthesis and related process research - The testing and analysis are primary protocol for carrying out the process research - the...
November 3, 2016
S.Tax:
CENVAT credit - the works contract services received by the appellant are eligible input services. - AT
November 3, 2016
C.Ex.:
CENVAT credit - input services - the disputed services namely legal services and erection and commissioning of elevator fall in the definition of input services as they...
November 3, 2016
C.Ex.:
Rule 16(1) of Cenvat Credit Rules, 2002 - buy-back of non-usable batteries - retrieved material of old batteries underwent certain processes and was cleared as new...
November 3, 2016
C.Ex.:
Remission of duty - the goods cleared for export under bond, if destroyed before being exported, could be considered as destruction before removal only - AT
November 3, 2016
VAT:
Vires of Rule 3 (2) (b) (ii) of the Delhi Tax on Luxury Rules, 1996 - bifurcation of consolidated bill amount - as long as there is a sale or transfer of goods or right...
November 3, 2016
VAT:
Non-production of the books of accounts at the time of survey is a factor which can be taken into consideration by the Assessing officer while examining the return to...
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: The SBI amended the provisions of the Securities Contracts (Regulation...
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: The High Court considered a petition seeking condonation of a 34-day d...
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: The Delhi High Court found a violation of natural justice principles i...
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: The Madras High Court addressed a case involving best judgment assessm...
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: The Punjab and Haryana High Court held that undisclosed income found d...
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: The ITAT Ahmedabad considered rectification u/s 154 for correct assess...
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: The ITAT Delhi held that Bandwidth charges received by a non-resident ...
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: The Rajasthan High Court held that the petition challenging an assessm...
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: The ITAT Delhi considered the issue of adjusting seized fixed deposits...
H
: The Punjab and Haryana High Court dismissed the petition challenging t...
H
: The ITAT Delhi held that the notice issued by a non-jurisdictional Ass...
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: The High Court upheld the levy of tax and penalty on the petitioner fo...
H
: The legal judgment addressed various issues. Firstly, regarding additi...
H
: The ITAT Delhi ruled on TDS u/s 195 and disallowance u/s 40(a)(i) for ...
H
: The key points of the legal judgment by ITAT Delhi are as follows: The...
F
: Repair and Maintenance Input in case of Immovable property given on rent
A
: Understanding Concessional Rates of GST for Merchant Exporters
A
: Should Section 17(5) of the CGST Act Continue Anymore?
A
: ADVOCATES ARE NOT LIABLE UNDER CONSUMER PROTECTION ACT
A
: Non-receipt of report of DVO, matter deserves to be restored instead o...
F
: GST ON POST SUPPLY DISCOUNT
N
: Amendment in Para 2.31 of the Foreign Trade Policy, 2023 and ITC HS 20...
C
: E-Waste (Management) Rules, 2022 — Regarding release of imported consi...
N
: Securities and Exchange Board of India (Issue of Capital and Disclosur...
F
: Para medico service provided to Gcvernment Hospital under health care ...
A
: GST RULES ON APPEALS BEFORE APPELLATE AUTHORITY
A
: PARTIES TO REAL ESTATE INVESTMENT TRUSTS – MANAGER
A
: Seamless Flow of Input Tax Credit under Goods and Services Tax Act, 2017
A
: Constitution of GSTAT: A Chronological Analysis with Time Limit to fil...
A
: CONDITIONS OF IBC RESOLUTION PLAN NOT TO BE INTERFERED WITH
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