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Highlights / Annotations / Catch Notes For February of 2017
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Showing 1 to 50 of 420 Records
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February 28, 2017
I.Tax:
Disallowance of capital gains - AO was wrong in treating this transaction as ‘income from other sources’ and making disallowance u/s 68, instead of capital gains as...
February 28, 2017
I.Tax:
When actual rent received is more than the fair rent the actual rent would be the annual value and therefore the notional interest would not form part of actual rent...
February 28, 2017
I.Tax:
Un-recorded and un-reconciled traded transaction entered by the assessee as per certificate from BSE vis-à-vis books of accounts maintained by the assessee - net profit...
February 28, 2017
I.Tax:
Revision u/s 263 - AO has allowed the claim of the assessee u/s 10(38) without examining whether the security transaction tax (STT) has been paid on the sale of the...
February 28, 2017
I.Tax:
Penalty u/s 271(1)(c) - estimation was not made on the basis of unverifiable transactions but the estimation of income was based on specific transactions carried out...
February 28, 2017
I.Tax:
Revision u/s 263 - the action of the AO accepting the capital gain declared by the assessee as such cannot be faulted per se. The view of the AO on the issue is clearly...
February 28, 2017
I.Tax:
Second round of litigation - Once Assessing Officer holds that the sale gives rise to taxability u/s 48 as long term capital gains, the matter ends there. It was no...
February 28, 2017
I.Tax:
Revision u/s 263 - claim of exemption u/s 54 - the purchases of land do not entitle the assessee for the exemption u/s 54 - Therefore, we fail to understand when the...
February 28, 2017
S.Tax:
Classification of service - Business Auxiliary Service or not? - Sharing of revenue and expenses - a common pool of resources required for running and maintaining the...
February 28, 2017
S.Tax:
Printing and preparation of flex boards and subsequent delivery and mounting it in the required premises - whether the activity amounts to taxable activity under the...
February 28, 2017
S.Tax:
Classification of service - the appellants do not have work order for any mining of coal. The terms of the contract are clear to the effect that they make the site fit...
February 28, 2017
C.Ex.:
Extended period of limitation - reliance upon the earlier circular subsequent to the amendment in the notification - when the very language is kept intact and there is...
February 28, 2017
C.Ex.:
Manufacture - drawing of wire whether amounts to manufacture or not? - recovery u/s 11D - even if any excise duty the assessee collected from the buyers of the goods and...
February 28, 2017
C.Ex.:
Valuation - Job work - merely because the appellant has manufactured medicaments on loan license basis, the valuation principle cannot be discarded - AT
February 28, 2017
C.Ex.:
Limitation does not apply in case of recovery of interest. Section 11AA provides for charging the interest - the demand of interest upheld. - AT
February 28, 2017
C.Ex.:
CENVAT credit - denial on the ground that the activity of drawing of wire from thicker to thinner gauge does not amount to manufacture - they have taken credit on the...
February 28, 2017
C.Ex.:
The appellant under the bonafide impression did not reverse the credit after due intimation of removal of the capital goods to the Dept. In these circumstances, penalty...
February 28, 2017
Cus.:
Levy of Anti Dumping Duty (ADD) - If the DA has formed a opinion regarding correctness of the claim made by the party about confidentiality then he is within his rights...
February 28, 2017
Cus.:
Valuation of imported items - disposable cap and Halogen Lamps - there is no legal justification to conduct a market enquiry especially in the presence of comparable...
February 27, 2017
S.Tax:
Nature of collection of amount of service tax from the other branches / circles of the assessee - Collection or otherwise of the service tax from their own circles...
February 27, 2017
S.Tax:
Liability of tax - Since the appellant is not the service receiver, liability for service tax payment cannot be enforced on them. The position does not change because of...
February 27, 2017
S.Tax:
Business auxiliary services - In the absence of any such evidence to indicate that Adani Exports Ltd., had availed the services of appellant for production or processing...
February 27, 2017
S.Tax:
Classification of service - The use of device (programmable machine) for generating bills of MSEDCL cannot change the nature of the services - the service provided by...
February 27, 2017
C.Ex.:
Classification of goods - carpet - falling under sub heading 5703.90 or 5703.20 - the goods in question do not consist of a ground fabric and a pile or looped surface...
February 27, 2017
C.Ex.:
Valuation - related party transaction - rule 4 will lead to a determination of value which will be more consistent and in accordance with the parent statutory provisions...
February 27, 2017
C.Ex.:
Reversal of CENVAT credit - at the time of availment of Cenvat Credit on inputs, the final product is dutiable, later on the final product became exempt, in such a...
February 27, 2017
C.Ex.:
Clandestine removal - In the absence of the panchnama, adverse inference cannot be drawn against the respondent - further, the computer prints out are not reliable documents - AT
February 27, 2017
Cus.:
Classification of imported LCD Panels for CTV - classified under CTH 9013 80 10 or under Chapter SH 8529? - classification of impugned LCD Panels to be under Tariff Item...
February 27, 2017
Cus.:
Refund claim - unjust enrichment - once an assessment is provisional, it is provisional for all purposes and not necessarily provisional in respect of the particular...
February 27, 2017
VAT:
Restriction on ITC credit - the firm’s registrations had been cancelled and default assessment of tax and interest under Section 32 of the Act were completed - Section...
February 27, 2017
I.Tax:
Diversion of income by overriding title - merely because the moneys flow through the assessee, it cannot be automatically inferred that it is income in the hands of the...
February 27, 2017
I.Tax:
The assessee Trust is a revocable Trust and contribution by beneficiaries is a revocable transfer. - the income shall be taxed in the hands of the beneficiaries, i.e....
February 27, 2017
I.Tax:
Levy of penalty u/s. 271(1)(c) - benefit of telescoping granted by the Commissioner of Income Tax (Appeals) sustained - AT
February 27, 2017
I.Tax:
Penalty u/ 271(1)(c) - unexplained investment - assessee should have been careful cannot be doubted, but the absence of due care, in a case such as the present, does not...
February 27, 2017
I.Tax:
Local authority within the meaning of Section 10(20A) - whether Vidarbh Irrigation Department Corporation is a local authority? - We do not understand as to why the...
February 27, 2017
I.Tax:
TDS u/s 194A - Interest - GNOIDA - Amounts which are payable towards interest on the payment of lump sum lease premium, in terms of the Lease which are covered by...
February 27, 2017
I.Tax:
TDS u/s 194I - Rent - lump sum lease payments or one time lease charges, which are not adjustable against long term lease hold charges, which are not adjustable against...
February 25, 2017
I.Tax:
Additional depreciation on diagnostic/service equipments claimed as a deduction u/s. 32(1)(iia) - assessee is eligible for additional depreciation on vaporizers u/s. 32(1)(iia) - AT
February 25, 2017
I.Tax:
TDS u/s 195 - charter payments (hire charges) to Foreign Shipping Companies - the amount paid by the assessee to the FSC on time charter agreement would not amount to...
February 25, 2017
I.Tax:
Deduction u/s 80IB - The assessee-firm was not manufacturing proto-type of jewellery. It has produced variety of items containing numerous designs, shape, size and...
February 25, 2017
I.Tax:
Unaccounted cash for the purchase of property - in the absence of any other corroborative evidence to establish a direct nexus, it cannot be said that the notings in the...
February 25, 2017
I.Tax:
Penalty u/s. 271(1)(c) - unexplained cash deposited in bank - revised return of income filled - penalty levied u/s 271(1)(c) cannot be sustained as the assessee had came...
February 25, 2017
I.Tax:
Depreciation on computer systems on the WDV @60% - display system - AO has reduced the depreciation rate claimed at 60% to 15% - Since assessee was already getting...
February 25, 2017
I.Tax:
TPA - ALP - Corporate Guarantee given by the assessee being a domestic transaction is outside the purview of TP provisions is claimed to be covered in favour of the...
February 25, 2017
I.Tax:
Disallowance of special discount - same is not claimed by filing revised return and claimed by way of a letter during the course of assessment proceedings - the action...
February 25, 2017
S.Tax:
Adjustment of excess service tax paid in advance - the intention of paying advance should be made clear immediately after the payment - it can be seen that the said...
February 25, 2017
S.Tax:
Refund claim - whether the refund of rebate of the tax paid on input services is to be allowed to respondent or otherwise? - In the absence of any time limit in the...
February 25, 2017
S.Tax:
100% EOU - Refund claim - rejection on the ground that the appellants are only registered under the taxable category of Information Technology Service and are not...
February 25, 2017
S.Tax:
VCES Scheme - petitioner submitted a declaration form in which he had wrongly declared that no inquiry or investigation or audit is pending against him which is a basic...
February 25, 2017
C.Ex.:
SSI Exemption - use of brand name of others - Kanachur is the name of the village and cannot be appropriated as a brand name - also, the proprietor of the appellant was...
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