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Highlights / Annotations / Catch Notes For December of 2015
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Highlights
December
December 2015
Year 2015
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Showing 501 to 540 of 540 Records
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December 2, 2015
S.Tax:
Claim of refund of excess service tax paid - appellant had requested the department on 16.7.2010 in writing that the excess amount paid by them in April 2010 may be kept...
December 2, 2015
S.Tax:
Demand of interest on delayed payment of service tax - interest is liable to be paid under Section 75 of the Finance Act, 1994 and not barred by limitation - AT
December 2, 2015
S.Tax:
When there are contra views on a particular issue, assessee cannot be attributed with a malafide intention and longer period of limitation would not be available -...
December 2, 2015
C.Ex.:
Transfer of CENVAT Credit - There was no provision in law at the relevant point of time requiring “prior” permission or “previous” approval of the authority to transfer...
December 2, 2015
C.Ex.:
Denial of CENVAT Credit - invoices did not contain the registration number of the service provider which is a mandatory requirement - Rule 9(2) of Cenvat Credit Rules -...
December 2, 2015
C.Ex.:
CENVAT Credit - duty paying documents - sole ground for denial of credit is non-appearance of the signature of the input supplier. The said defect is rectifiable defect...
December 2, 2015
Cus.:
Request for re-import of machines duty free under Notification No. 158/95 dated 14.11.1995 - when some marks and numbers have been found on plates on the burnt machines...
December 2, 2015
Cus.:
Denial of refund claim - discharge export duty, considering the FOB value as cum-duty price or transaction value - very purpose of issuing the said Circular is to bring...
December 2, 2015
Cus.:
Denial of refund claim - unjust enrichment - once it is established from the books of account of the appellant that the amount of Revenue deposit has been undisputedly...
December 2, 2015
VAT:
Restoration of the penalty - transporting goods without valid document -It is only in cases where there was no consignor at all and the documents on which reliance was...
December 2, 2015
I.Tax:
Undisclosed investment in Lamorghini Car - addition u/s 69 - the question whether an investment had been made or not is a matter of fact and the same cannot be presumed. - HC
December 2, 2015
I.Tax:
Stay application - recovery proceedings - once the petitioner has already been granted opportunity to pay the outstanding demand in four installments as noted above and...
December 2, 2015
I.Tax:
Upholding the method adopted by the assessee to devalue the closing stock - the findings of the Tribunal that the stock of packing materials had become obsolete...
December 2, 2015
I.Tax:
Reopening of assessment - AO has failed to furnish the assessee with a copy of the reasons so recorded that has prevented the assessee from filing his objections, if...
December 2, 2015
I.Tax:
Computation of capital gains - The expenditure incurred in pursuant to or as an obligation under the Joint Development Agreement can be claimed as business expenditure...
December 2, 2015
I.Tax:
TDS u/s 194C or 194I - assessee has rightly deducted the tax at source on berth hire charges paid to Mumbai Port Trust in terms of section 194C of the Act as contractual charges - AT
December 1, 2015
S.Tax:
Activity of painting, pasting, displaying and/or maintaining the same on side panel of buses on behalf of the client - Demand of service tax with interest and penalty confirmed - AT
December 1, 2015
S.Tax:
Refund claim - if the service tax liability is discharged on which education cess is paid on the goods exported, the benefit of refund of such education cess paid...
December 1, 2015
S.Tax:
Valuation - there remains no doubt that the value of photographic paper and consumables cannot be included in the value of photography service to levy service tax. - AT
December 1, 2015
S.Tax:
Short payment of service tax - even after so many years, the appellant has not been able to provide even a Chartered Accountant certified final figures to show that the...
December 1, 2015
S.Tax:
Taxability of amount received from goods auctioned - discharge of all the duties as per Section 150 of the Customs Act, 1962 - Not taxable as storage and warehousing service - AT
December 1, 2015
C.Ex.:
Removal of semi-finished goods for certain purposes without obtaining requisite permission under Rule 16B of the Central Excise Rules, 2002 - application was filed and...
December 1, 2015
Cus.:
100% EOU - Clandestine manufacture and clearance of goods - DTA Clearances - The so called job workers in their statements clearly stated that they did not carry out any...
December 1, 2015
Cus.:
Valuation of goods - valuation Integrated Circuits and transistors imported - Assessable value cannot be determined on the basis of quotation. Quotations are merely...
December 1, 2015
Cus.:
Claim of exemption from CVD - import of ‘Red Fine Standard Grade Murate of Potash (MOP) - Imported MOP had been used in the manufacture of fertilizers. - since the...
December 1, 2015
Cus.:
Valuation of imported goods - Inclusion of royalty amount for use of the trademark - There is no finding by Commissioner that the buyer had adjusted price of imported...
December 1, 2015
Cus.:
Wrong claim of CVD Benefit - assessee had opted for First Check Assessment - importer had admitted their typographic error, showing willingness to pay differential duty...
December 1, 2015
Cus.:
Revalidation of DFIA Licenses - The request is not for revalidation of Licenses by Customs, but only a certificate to be issued to DGFT confirming the sequence of events...
December 1, 2015
VAT:
Purchase of goods for use in works contract from other state - interstate movement of goods against Form-C - Denial of exemption claim - Notification dated 28.04.1993 -...
December 1, 2015
VAT:
Sale of goods in the SEZ - works contract - Appellate authority has failed to appreciate the fact that it is not possible to abide by sub-rule (2A) of rule 42 of the...
December 1, 2015
Co.Law:
Obligation cast on the promoter/promoter group to make yearly disclosure - the AO’s of SEBI have not considered the question as to whether the appellants are individual...
December 1, 2015
I.Tax:
Penalty u/s.271(1)(C) - paints were his “personal effects” - the plea of the assessee that receipts from sale of paintings were not offered to tax on a bona fide belief...
December 1, 2015
I.Tax:
Exemption u/s 11 - merely because the payments are made outside India, it cannot be said that the charitable activities were also conducted outside the country - the...
December 1, 2015
I.Tax:
As long as the objects of the trust are charitable in character and as long as the purpose or purposes mentioned in Form 10 are for achieving the objects of the trust,...
December 1, 2015
I.Tax:
Valuation of closing stock - notwithstanding the fact that the opinion of the Chartered Accountants of India was expressed in the 'guidance note", which had not attend...
December 1, 2015
I.Tax:
Taxability of Income from assets held by Trust - The circumstances highlighted by the Assessing Officer to show that the transaction as a colorable device cannot take...
December 1, 2015
I.Tax:
Non-granting of exemption u/s. 10(23C)(iiiab) - denial of benefits of exemption u/s. 11 also - the exemption has been denied solely for the reason that the institution...
December 1, 2015
I.Tax:
Computation of capital gains - The expression “full consideration” cannot be considered as having a reference to the market value of the asset transferred, but the...
December 1, 2015
I.Tax:
Delayed payment of employee’s contribution to ESI fund should be allowed as deduction under section 36(1)(va) of the Act read with section 43B of the Act if the said...
December 1, 2015
I.Tax:
TDS u/s 194I - non deduction of TDS - no TDS is required to be deducted on such a premium paid for acquisition of rights in the land taken by way of lease from MMRDA - AT
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: Refund of Cenvat credit availed on Education Cess and Higher Secondary...
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: Refund claim - Reduction in price subsequently resulting in payment of...
H
: Refund of CVD/SAD paid - Unable to avail and utilize the credit of CVD...
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