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Highlights / Annotations / Catch Notes For February of 2016
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February
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Showing 301 to 350 of 433 Records
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February 9, 2016
S.Tax:
Refund - input services - duty paying documents - so long as the documents (debit notes) reveal the essential details like registration no service provided, service......
February 9, 2016
S.Tax:
Refund - period of limitation - delay of 2 days because of the intervening Saturday and Sunday and the claim was filed on Monday. - refund allowed - AT
February 9, 2016
S.Tax:
Condonation of delay in filing an appeal before Commissioner (Appeal) - writ petition - the law does not come to the aid of indolent, tardy or lethargic litigant. The......
February 9, 2016
C.Ex.:
Duty liability - Manufacturing activity or not - It is necessary for the original authority to examine the processes carried out category wise and to give finding on......
February 9, 2016
C.Ex.:
Area based exemption - notification No. 50/03-CE dated 10.6.2003 - denial of benefit as the appellant was not having electricity connection or DG set installed at the......
February 9, 2016
C.Ex.:
SSI Exemption - calculation of aggregate value in regard to exempted goods is clearly worded and does not give reason for any doubt - appellant seems to be making an......
February 9, 2016
Cus.:
Refund of SAD - SAD had been paid, not in cash, but by utilising the DEPB scrip - scope of circular - Circular issued by the CBEC could not have imposed an additional......
February 9, 2016
VAT:
When no express power has been conferred on the first appellate authority to pass an order of interim injunction/protection, in our opinion, by necessary implication and....
February 9, 2016
VAT:
Issuance of C-Forms - the purchases were not entered in the purchase register to be maintained in Form DVAT-30; the purchases were not shown in the documents produced......
February 9, 2016
I.Tax:
Addition of cess on green leaf - deduction on cess paid on green tea leaves has to be allowed on 100 per cent, of the composite income under the Income-tax Act, 1961,......
February 9, 2016
I.Tax:
Scope of Section 2(47)(v) r.w.s. 53-A of the Transfer of Property Act, 1882 - JDA entered by assessee - Tribunal and the authorities below were not right in holding the....
February 9, 2016
I.Tax:
Interest u/s 234A - Board has clarified that no interest u/s 234A is chargeable on the amount of self assessment tax paid by the Assessee before the due date of filing....
February 9, 2016
I.Tax:
Addition on account of short term capital on sale of gala - sale of gala was part of relevant block of assets as per the provisions of section 43(6) and short term......
February 9, 2016
I.Tax:
Foreign exchange gain taxability - restatement of foreign currency loan - AO directed to grant deduction of notional exchange loss in the subsequent assessment years - AT
February 8, 2016
S.Tax:
The question of demand of Service Tax on barge charges and the handling charges connected therewith would not arise at all with effect from 10-10-2007 as they form an......
February 8, 2016
S.Tax:
Place of receipt of services - within in domestic services or outside India - location of fixed establishment. - RIL was not paying service tax on the belief that the......
February 8, 2016
S.Tax:
Demand of interest on reversal of cenvat credit - reversal of credit against refund claim where the service tax was paid wrongly - provisions of Rule 14 of CENVAT......
February 8, 2016
C.Ex.:
Classification of plasticized plywood - classifiable under 4410.90 OR under heading 4408.90 - the impugned product is classifiable under chapter heading 44.08. - AT
February 8, 2016
C.Ex.:
Eligibility to get refund of excess duty - unjust enrichment - if the credit notes are genuine and had been acted upon resulting in neutralizing the higher incidence of....
February 8, 2016
C.Ex.:
Remission of duty - molasses lost during storage - It is not disputed that the loss is within the prescribed limit of 2%. Rule 21 does not lay down any procedure for......
February 8, 2016
C.Ex.:
Denial of CENVAT credit on amount paid through PLA - the Cenvat credit utilized for payment of SED was made good by the appellant taking on account of payment of SED......
February 8, 2016
C.Ex.:
Entitlement to take Cenvat credit on rails - rails are fixed to the earth and EOT cranes are being run over them - credit allowed - AT
February 8, 2016
I.Tax:
Disallowance of expenditure under the head soil purchase, tractor maintenance and other expenses - e assessee has failed to prove the expenditure incurred was reasonable....
February 8, 2016
I.Tax:
AO initiated the penalty u/s 271E for violation of sec. 269TT, but levied penalty u/s 271D for violation of the provisions of sec. 269SS. From this conduct of the AO, it....
February 8, 2016
I.Tax:
TDS u/s 195 - carrier payments made to M/s. Clikatel, South Africa without deduction of tax at source - these services do not involve human intervention and these......
February 8, 2016
I.Tax:
Addition under the head income from other sources as against income from business - The manner of end-use of the property consisting of buildings or lands will not......
February 8, 2016
I.Tax:
Penalty levied u/s 271(1)(c) - penalty imposed by the AO @ 200% - a penalty of 100% of tax which the appellant has tried to avoid will meet the end of justice in such cases - AT
February 8, 2016
I.Tax:
Entitlement to exemption u/s 11 - payment was for the purpose of the education of the Fathers, who serve in various schools run by the assessee, as teachers,......
February 8, 2016
I.Tax:
Computing deduction u/s. 10B - eligibilty for deduction on the profits from subsidy, interest income, sale of scrap, sales tax refund and sundry balances written off - .....
February 8, 2016
I.Tax:
Reopening of assessment - mere information conveyed by DIT does not constitute to be a tangible material to re-assess the assessee company without any independent......
February 8, 2016
I.Tax:
Addition on account of payment of excessive interest @15% - there was no scope for application of the test of the reasonableness to a case of payment of interest and......
February 7, 2016
C.Ex.:
Clandestine removal - shortages suggested by the statutory auditors - A case of clandestine removal can not be considered to be established based only upon the statutory....
February 7, 2016
C.Ex.:
Eligibility of exemption - waste steam and low boiling component to concessional rate of duty - the products should have been manufactured wholly out of raw material......
February 7, 2016
C.Ex.:
Distribution of Cenvat credit - ISD - there is nothing in the said Rules which would automatically and without any additional reasons dis-entitle an input service......
February 7, 2016
I.Tax:
Transfer pricing adjustment - advance to subsidiary - even though this interest rate could reach upto 400 basis points in some cases, there cannot be any good reason......
February 7, 2016
I.Tax:
Penalty u/s 271C - non deduction of tds u/s 194A - There was a reasonable cause for holding a belief regarding non deduction of tax at source on payment of interest made....
February 7, 2016
I.Tax:
Partners remuneration u/s. 40b - once the additional income offered for taxation during the survey is accepted and it has been explained to be as business income as the.....
February 7, 2016
I.Tax:
Exemption u/s 11 - The purchase cost of assets would have been already allowed as application of funds in the year in which the assets were purchased. Therefore, the......
February 7, 2016
I.Tax:
Commissioner of Income Tax (Appeals) has erred in allowing deduction claimed by the assessee on expenditure for increasing the authorized share capital of the assessee. - AT
February 5, 2016
C.Ex.:
Reversal of CENVAT credit - the said product is manufactured by the appellant, it can be seen that the CENVAT credit was correctly availed by the appellant, the duty......
February 5, 2016
C.Ex.:
Liability of the appellant for higher rate of duty based on the test reports of NTH - When the appellant were not aware of the test reports, there can be no......
February 5, 2016
C.Ex.:
Excess amount towards freight charges recovered from the buyers than the amount actually incurred - demand central excise duty - there is no justification for any......
February 5, 2016
C.Ex.:
Demand of duty - charge of suppression - As the sale invoice of the chassis manufacturer was not in possession of the appellant, therefore, the appellant was not in a......
February 5, 2016
Cus.:
Classification - import of MSO CBM (EMBALLE PAR 40) FINGER PRINT READER SCANNER - it is of a kind solely or principally used in an automatic data processing system, it.....
February 5, 2016
Cus.:
Re-import of export goods for repair - failure to export within 6 months - re-import will fall even in the general duty-free import allowed for EOU under notification No....
February 5, 2016
Co.Law:
Under no circumstances, the Director can be allowed to compete the business of the Company, in which he/she is already a Director, to exploit the mark in order to give......
February 5, 2016
Indian Laws:
Where secured creditors representing not less than 75% in value of the amount outstanding against financial assistance decide to enforce their security under the......
February 5, 2016
I.Tax:
Disallowance u/s 14A - interest paid to partners on capital contribution is not a statutory allowance u/s 40(b) of the Act but is an expenditure u/s 36(1)(iii) - If the....
February 5, 2016
I.Tax:
Penalty under Section 271(1)(c) - bogus transaction of sale and purchase of asset - it is a clear case of furnishing inaccurate particulars in the form of forged......
February 5, 2016
I.Tax:
Lease rentals - Income from other sources OR Income from house property - There is no res judicata in so far as the taxation provisions are concerned, more......
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Black Money .... Act, 2015
Black Money .... Rules, 2015
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