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Highlights / Annotations / Catch Notes For February of 2016
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February
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Showing 51 to 100 of 433 Records
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February 27, 2016
I.Tax:
Disallowance of secret commission - CIT(Appeals) has not disallowed the entire claim but limited it to 1% of the turnover of the assessee - When these are the parameters...
February 27, 2016
I.Tax:
Since in the instant case, the department has not been able to demonstrate that notice u/s. 143(2) was served within the statutory time limit, the assessment made on the...
February 27, 2016
I.Tax:
Losses and depreciation of the years earlier to the initial assessment year which have already been absorbed against profits of other businesses cannot be notionally...
February 27, 2016
I.Tax:
Revision u/s 263 - disallowance u/s 14A - where the Assessing Officer had recorded the satisfaction as required under section 14A of the Act, made enquiries and...
February 27, 2016
I.Tax:
In view of the frequency of sale of ‘ownership lands’; the fact that the same was treated as stock-in-trade and the extent of expenses involved to execute conveyance...
February 27, 2016
I.Tax:
Penalty u/s 271(1)(c) - Assessee’s explanation and the claim has not been rebutted by bringing any material on record except for rejecting the same on the basis of...
February 27, 2016
I.Tax:
Entitlement to the benefit of deduction u/s.10(10C) - RBI employees retiring under OERS - The fact that the Assessee voluntarily offered the sum in question to tax...
February 27, 2016
Indian Laws:
Per capita net national income of the country at current prices for the year 2015-16 is estimated to attain the level of ₹ 93231/-
February 27, 2016
Indian Laws:
Reforms in Tax Rates - tax rates of the major countries of Asia
February 27, 2016
VAT:
Rate of VAT @14.5% or 20% - Classification of Appy Fizz as 'Fruit Juice Based Drink', as similar other products not mentioned or aerated branded soft drinks excluding...
February 27, 2016
VAT:
Claim of refund of VAT paid on purchases and export of tractors - VAT was not deposited by the seller - Apart from the obvious error committed by the VATO in purporting...
February 27, 2016
S.Tax:
Reverse charge - GTA services - it was contended that the FCI has wrongly deducted the service tax from the contractual amount and the same should be ordered to be...
February 27, 2016
S.Tax:
Claim of refund of interest on service tax demand paid earlier - the same is barred by limitation of time, being filed beyond the period of one year from the relevant...
February 26, 2016
S.Tax:
The costs claimed to be reimbursibles are not attributable to the 'business auxiliary service' rendered by the assessee but to the cost of the product itself. Not...
February 26, 2016
C.Ex.:
Classification - valid and admitted classification of Aerated Water, Beverages in Bag (BIB) under 2106 90 50 in terms of Supplementary Notes 4 of Chapter 21 of 1st...
February 26, 2016
C.Ex.:
Manufacture - whether the activity of modification of moulds and dies amount to manufacture therefore it is liable to excise duty ? - firstly the activity is not amount...
February 26, 2016
C.Ex.:
Valuation - cost of additional copies of drawings given to appellants customers on specific request cannot form a part of the assessable value as these cost are post...
February 26, 2016
I.Tax:
Disallowance u/s 40(a)(i) - TDS - commission payments to the nonresident agents are not taxable in India, as the agents are remaining outside, services are rendered...
February 26, 2016
I.Tax:
Validity of assessment - if a matter falls u/s. 153(2A) of the Act i.e. if the Tribunal has set aside or cancelled the assessment, then the fresh order by the AO of...
February 26, 2016
I.Tax:
Addition on account of difference in debtors and creditors - AO to grant proper and adequate opportunity as per law, to the assessee to explain the differences in...
February 26, 2016
I.Tax:
TDS u/s 194H - credit card commission to the banks are in the nature of normal bank charges and are not in the nature of commission within the meaning of Section 194H,...
February 25, 2016
S.Tax:
Claim for refund of service tax alleged to have been collected from them contrary to law - Service tax was paid by the provider of "construction of residential complex...
February 25, 2016
S.Tax:
Demand of service tax may be exigible on the net discount/commission earned, but in absence of proper classification, both in the show-cause notice and the impugned...
February 25, 2016
S.Tax:
Demand of service tax from the person who is sub-letting of CAB - It is not the Revenue’s case that the respondent himself provided such services or letting of vehicles...
February 25, 2016
C.Ex.:
Refund claim of excess central excise duty as a consequence of finalization of provisional assessment on account of discounts provided to various dealers/ customers on...
February 25, 2016
C.Ex.:
Manufacture - captive consumption - Oxygen produced by appellant is not used by appellants in their factory of production. The same is cleared to factory of FSNL and...
February 25, 2016
VAT:
Denial of Input Tax and Credit (ITC)- GVAT - purchase of castor oil seeds for production of castor oil - Only the waste is used as fuel and that too again in the...
February 25, 2016
I.Tax:
Income on account of remission of principal amount of loan - depreciation is neither a loss nor an expenditure nor a trading liability, therefore, settlement of...
February 25, 2016
I.Tax:
TDS u/s 194C OR 192 - payment to individual workers or works contractor - assessee has been paying the labour contract charges in preceding years and, therefore, the...
February 25, 2016
I.Tax:
Jurisdiction of ITAT - No new plea can be raised by invoking the jurisdiction of the Tribunal u/s 254(2) of the IT Act, 1961. The Tribunal is bound to adjudicate only...
February 25, 2016
I.Tax:
Addition on the basis of TDS certificate - Work in progress / receipt of advance - the question is to check whether the income of the assessee has been offered to tax or...
February 25, 2016
I.Tax:
TDS u/s 194A - non deduction of tds on payment of hire charge - The payment of hire charges does not fall under the term interest as defined in section 2(28A) of the Act...
February 25, 2016
I.Tax:
Addition u/s 68 - only obligation of the company receiving the share application money is to prove the existence of the shareholders and for which the assessee had...
February 25, 2016
I.Tax:
The Central subsidy given for installing the food processing units in the specified areas is not asset specific but is industry specific. Therefore, it cannot be treated...
February 25, 2016
I.Tax:
Benefit of exemption u/s 11 and 12 - As the activities carried out by the Assessee certainly amounts to charitable purpose, as it is being covered under the limb...
February 25, 2016
Wealth-tax:
Inclusion of land into net wealth - t is to be remembered that proposal of the road through the subject land and pending finalization and demarcation of exact location,...
February 25, 2016
S.Tax:
Quantum of Refund of service tax on services provided by commission agent, located outside India - for export of goods - Revised rate of 10% of the FOB value (old rate...
February 24, 2016
S.Tax:
Refusal to give refund despite clear direction by the higher authority - it appears that the refund sanctioning authority took it on himself to sit in judgment on the...
February 24, 2016
S.Tax:
Refund of cenvat credit - Export of services are not - providing 'scientific and technical consultancy service' to clients located outside India - place of performance...
February 24, 2016
C.Ex.:
Demand of interest - Taking suo-moto credit of duty paid earlier for with refund was sought for - since the appellant was entitled to refund after Tribunal order dated...
February 24, 2016
C.Ex.:
Conversation of saree into a designer saree - whether such conversion is not a process of manufacture as per Section 2 (f) of the Central Excise Act, 1944 - duty demand...
February 24, 2016
C.Ex.:
Excise duty demand - work through job worker - manufacturing of furniture comes in to existence at the site, in the hands of the job worker - appellant being not...
February 24, 2016
C.Ex.:
Levy of penalty where duty was deposited with interest before issuance of SCN - The legislative intent for creation of the said sub-section is to avoid any futile...
February 24, 2016
Cus.:
Extended period of limitation - alleged that DEPB Scrips were obtained by the importer fraudulently - import under fake / fraudulent DEPB licence - The Tribunal has...
February 24, 2016
Co.Law:
Fraudulent/ manipulative practices under the Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market)...
February 24, 2016
I.Tax:
Expenditure on construction of house of labourer - revenue v/s capital expenditure - when the structure does not vest in the assessee and it has to pay monthly rent...
February 24, 2016
I.Tax:
Reopening of assessment - charging of share premium over and above the intrinsic value of the share is income which has escaped assessment - the share premium being on...
February 24, 2016
I.Tax:
Adjustments of interest payable to IFCI and sales tax penalty under section 43B while processing the case under section 143(1)(a) - As the adjustments made by the AO...
February 24, 2016
I.Tax:
Deduction under Section 10AA - whether what was manufactured by the assessee is pendant and it can also be known as medallion.? - merely because the pendant / medallion...
February 24, 2016
I.Tax:
Unless and until the capital asset is used as a tool for carrying out the business of the assessee and the assessee becomes the owner, this Tribunal is of the considered...
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