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Highlights / Annotations / Catch Notes For December of 2016
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Showing 101 to 150 of 330 Records
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December 22, 2016
VAT:
Whether in the facts and circumstances of the case on combined reading of Section 14(6), Section 24 and Rule 33, can interest be charged from the contractor for late...
December 22, 2016
Co.Law:
Inspection of Member Register - Since these companies are private limited companies, the parties can only get limited information, however these petitions being decided...
December 22, 2016
Indian Laws:
Dishonour of cheques (PDC) - the substantive sentence awarded to the revisionists could have been one year concurrently rather than independent/consecutive sentence in...
December 21, 2016
I.Tax:
Disallowance made u/s 40A(2) towards salary and professional fees paid to the relative of a director of the company - assessee had duly provided the complete details of...
December 21, 2016
I.Tax:
Grant of registration u/s. 12A and 80G refused - non Charitable purpose - assessee incurred advertisement expenditure for procuring more admission of the students with...
December 21, 2016
I.Tax:
Interest subsidy - Composite income - growing and manufacturing of tea - there is no reason why this income should not be considered as part of the composite income...
December 21, 2016
S.Tax:
Construction activity of commercial portion of ISBT - When the construction of ISBT is not a taxable service, there cannot be any bifurcation of that activity for service tax. - AT
December 21, 2016
S.Tax:
The appellant cannot be blamed for entertaining a bona fide belief that the activity undertaken by them and the commission received from airlines not be liable to...
December 21, 2016
C.Ex.:
SSI exemption - the duty evasion is pre-planned, to evade duty by using others brand was planned by the appellant assessee. It is corollary that during the same period...
December 21, 2016
C.Ex.:
Manufacture - Chargeability of excise duty - manufacture of Pepfiz Effervescent Tables ( Pepfiz ) using, among other things, absolute alcohol/ethanol - the usage of...
December 21, 2016
C.Ex.:
Unjust enrichment - Whether the duty paid in excess or short paid can be adjusted suo motto by the appellant? - appellant was not entitled to suo motto adjust the...
December 21, 2016
Cus.:
Classification - Broken Copper Cathode - Even if imported goods are not considered as ‘Sections of Cathodes’ then also the imported goods could be classified as ‘-Other’...
December 21, 2016
Cus.:
Valuation of imported goods - Pistachio - Rule 8 of Customs Valuation Rules, 1988 - the comparison with the price of the different goods of different period cannot be held correct - AT
December 21, 2016
VAT:
Valuation - whether the freight charges for transporting dolomite by the petitioners to the respondent/Bhilai Steel Plant would be a part of sale price and hence...
December 21, 2016
Indian Laws:
Applicability of Key provisions of SARFAESI ACT to the J&K - legislative competence of Parliament - Sections 13(1) and (4) cannot be held to be beyond the legislative...
December 20, 2016
I.Tax:
Penalty under section 271AA - failure to furnish the information or documents u/s 92D - assessee made the sufficient compliance for maintaining the record as required...
December 20, 2016
I.Tax:
Proceedings for recovery u/s 179 - before the issue of interpretation of the word 'Tax due' can be decided, the factual aspect of the amount due on account of tax and...
December 20, 2016
S.Tax:
Nature of activity - outdoor catering service being provided by the cooperative society - operation of the activity from a premise other than its own - some portion of...
December 20, 2016
S.Tax:
Scope of tour operators service - assessee is entitled to exemption of tax on collections generated from use of ‘tourist buses’ for passengers other than tour etc. - AT
December 20, 2016
S.Tax:
Denial of CENVAT credit - providing renting of immovable property services - professional charges paid claimed as input services - assessee file to prove nexus - credit denied - AT
December 20, 2016
C.Ex.:
Reversal of Cenvat Credit - ore fines and coal fines are by products emerging during the process of manufacturing the final product and do not pass the test of duty...
December 20, 2016
C.Ex.:
CENVAT credit - Even though the service is not used in the appellant factory, but received and used in different factory of the same company, credit cannot be denied - AT
December 20, 2016
C.Ex.:
CENVAT credit - removal as such - waste has been destroyed in the course of normal manufacturing process and which is everyday occurrence - demand set aside - AT
December 20, 2016
C.Ex.:
CENVAT credit - denial on the ground that the address of the service provider given in the invoice is not their registered address as per the Registration Certificate -...
December 20, 2016
Cus.:
Refund claim - SAD - importer appointed a new Chartered Accountant, who becomes their regular Chartered Accountant and cannot be considered as a onetime independent...
December 20, 2016
Cus.:
Confiscation - import of goods for reexport after necessary rectification - A delay in exporting the goods will make a case of demand of duty & interest and will not...
December 20, 2016
Cus.:
Valuation - import of goods - when any person directly or indirectly holds/owns 5% or more of the shares of both the companies then such concerns will be treated as...
December 20, 2016
VAT:
Classification of product - the product as vegetable fat spread is having separate marketability and different use hence cannot be said as same as that of the edible oil...
December 20, 2016
Indian Laws:
Dishonor of cheques - despite admitting the liability the revisionist kept on taking undue benefit of the legal process and harassed the respondent/complainant and...
December 19, 2016
I.Tax:
TDS - Section 194J is not a residuary clause. In other words, it is not that if a contract does not fall within the ambit of Section 194C, it must be deemed to fall...
December 19, 2016
I.Tax:
Penalty u/s 271B - it is a technical breach on the part of the assessee as the audit report could not upload on account of site/ server problem of the system - this is...
December 19, 2016
I.Tax:
TDS u/s 192 - secondment agreement - Addition of payment/reimbursement of amount on account of salary, relocation and other related costs of expatriate employees - TDS...
December 19, 2016
I.Tax:
Levy of penalty u/s 271(1)(b) - non attendance of the assessee - that this was a case of search and seizure on a big group. Four days time to submit details in such a...
December 19, 2016
I.Tax:
Addition on foreign exchange gain - restatement of liability - contingent gain - it would only result in Revenue trying to blow hot and cold simultaneously. - no additions - AT
December 19, 2016
S.Tax:
Classification of services - activity of Data Processing - The activity of the appellant falls under the category of BAS as it is not allege in the show cause notice to...
December 19, 2016
S.Tax:
Classification of service - examination of the garments at various stages - When the outcome of the examination / inspection carried out does not result into some...
December 19, 2016
S.Tax:
Refund claimed of the amount paid twice, due to non-receipt of challans - whether refund claim justified? - Refund allowed - AT
December 19, 2016
C.Ex.:
When there is no short fall in payment of duty after adjusting excess payment on other products, interest liability will not arise. - AT
December 19, 2016
C.Ex.:
Cenvat Credit - sales commission/sales promotion expenses incurred by the appellant is expenditure or input service incurred or received prior to the removal of their...
December 19, 2016
C.Ex.:
Manufacture - In view of the provisions of Rule 16 of the Rule, in our considered view the appellant’s act of availing the Cenvat Credit in respect of bought out items i....
December 19, 2016
C.Ex.:
Valuation - rejection of transaction value - Provision of rule 9 also suggests that merely because buyer is interconnected undertaking that alone is not sufficient for...
December 19, 2016
C.Ex.:
CENVAT credit - Outward transportation - if the contention is accepted, the appellant would end up availing undue privilege of credit balance by paying tax lower than...
December 19, 2016
Cus.:
Levy of anti dumping duty (ADD) - Soda Ash - challenging the procedure undertaken by the designated authority - Jurisdiction of HC to writ entertain petition - the...
December 19, 2016
VAT:
Validity of assessment order - whether the AO can make additions solely relying upon the third party statement and without any further corroborative evidence - Held No - HC
December 17, 2016
I.Tax:
Exemption / deduction u/s 10A or 10B - when to be allowed - Though Section 10A, as amended, is a provision for deduction, the stage of deduction would be while computing...
December 17, 2016
I.Tax:
Donations - originally donation as paid was claimed as expenses - while scrutiny assessment, on being pointed out, deduction u/s 80G claimed - Since AO did not find the...
December 17, 2016
S.Tax:
Denial of cenvat credit - input services - Financial Advisor to the appellant - the activity would definitely be services used in relation to financing and financial...
December 17, 2016
S.Tax:
Demand of interest - reversal of credit on different dates - the period of limitation that applies to a claim for the principal amount would also apply to the claim of...
December 17, 2016
S.Tax:
Providing multi level marketing services - the activity is falling under the category of ‘Business Auxiliary Services’ - demand confirmed for the normal period of limitation only - AT
December 17, 2016
C.Ex.:
Whether the statement recorded u/s 14 of the Central Excise Act, 1944 is admissible? - if it is subsequently retracted or explanation is furnished then it has to be...
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