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Highlights / Annotations / Catch Notes For February of 2018
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Showing 1 to 50 of 372 Records
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February 28, 2018
I.Tax:
Provision for doubtful overdue installments under hire purchase finance agreements - the party to be given an opportunity to establish its claim - adjustment by way of...
February 28, 2018
I.Tax:
Capital gains - Transfer of Property - selection of assessment year - capital gains would be taxable in the year in which such transactions were entered into, even if...
February 28, 2018
I.Tax:
Deemed income u/s 56(2) - consideration for issue of shares that exceeds the face value of such shares - redeemable non-cumulative preference shares (RNCPS) - RNCPS...
February 28, 2018
I.Tax:
Deemed income u/s 56(2) - consideration for issue of shares that exceeds the face value of such shares - determination of fair market value - tax has to be factored...
February 28, 2018
I.Tax:
Exemption u/s 11 and 12 - Educational institution - charging fees from the students - as per CIT(A), since sources of income are students, therefore, students cannot be...
February 28, 2018
S.Tax:
Business Support Services - testing and analysis of newly developed drugs on human participants - The claims of the appellant are that these are clinical trial...
February 28, 2018
S.Tax:
Business Auxiliary Services - consideration received as a percentage of commission for the services rendered to ICICI Bank - the appellants are in fact engaged in...
February 28, 2018
S.Tax:
Levy of service tax - Debit entries made in the books for deployment of Officers - SNC, Canada cannot be categorized as a manpower recruitment or supply agency while...
February 28, 2018
S.Tax:
CENVAT credit - service tax paid on installation and commissioning services provided by various service providers at the site on installation of their DG sets - they are...
February 28, 2018
C.Ex.:
Restoration of appeal - Condonation of delay - Courts of Law are not set up for mere disposal of cases. Courts of Law are established for adjudication of cases,...
February 28, 2018
C.Ex.:
Reversal of cenvat credit - Sale of Carbon Di Oxide (Co2) without payment of duty - unintended byproduct, which emerge during the course of manufacture of the final...
February 28, 2018
C.Ex.:
Whether the appellant is required to pay penalty for wrong availment of Cenvat credit which was later reversed by them before being pointed out by the department? - Held No - AT
February 28, 2018
C.Ex.:
CENVAT credit - there is no provision under the CENVAT Credit Rules, 2004 for denial of availment of credit merely on the ground that the assessee has admittedly...
February 28, 2018
VAT:
Issuance of C-form - failure to discharge tax liability - in taxing statute, there is no equity. If tax has not paid as declared, within the time provided there for,...
February 28, 2018
I.Tax:
Set off of derivative loss against derivative profit - speculative loss or not - the derivative transaction is not supported or backed by deliverable commodity - The...
February 28, 2018
I.Tax:
Penalty u/s. 271(1)(c) - AO has charged the assessee for twin defaults - the assessee has concealed the income arose out of transfer of capital asset and failed to...
February 28, 2018
I.Tax:
Deemed rental income - the unsold flats which are stock in trade when they were sold they are assessable under the head ‘income from business’ when they are sold and...
February 28, 2018
I.Tax:
TDS u/s 194C OR 194J - tds on the services of testing and commissioning received from the BHEL - Section 194J is not a residuary clause. In other words, it is not that...
February 27, 2018
DGFT:
Export of all varieties of onions are permitted for export without any MEP or LC w.e.f. 02.02.2018 till further orders.
February 27, 2018
Cus.:
Refund of IGST on Export– Invoice mis-match Cases –Alternative Mechanism with Officer Interface
February 27, 2018
C.Ex.:
Consideration of mega power policy benefits in proportion to the long term PPA tied up in case of provisional mega power projects
February 27, 2018
I.Tax:
Genuineness of royalty paid to the Director - colorable devise to reduce the tax liability or not - It has been held in the present case that the assessee company did...
February 27, 2018
I.Tax:
Special Audit u/s 142(2A) - from the record, it does not appear to be either absence of an opportunity of hearing altogether or the absence of any reasons at all - The...
February 27, 2018
Cus.:
Customs Broker - Prohibition imposed - The power to frame Rules given to the Board in the various fields enumerated in Clauses (a) to (g) of sub-Section (2) of Section...
February 27, 2018
Cus.:
Customs Broker - Prohibition and suspensions - Departmental Authorities including the Appellate Authorities and also the CESTAT under Section 129-A of the Act are better...
February 27, 2018
Cus.:
The role of the CHA in the Customs procedures is significant. The CHA is expected to safeguard the interest of exporter of the goods as well as the Customs - even though...
February 27, 2018
S.Tax:
Penalty - service tax is paid along with interest before issuance of SCN - applicability of Section 73(3) of the FA - levy of penalty waived for more than one reason - AT
February 27, 2018
S.Tax:
Business Auxiliary Services - the discount passed on by the manufacturer to the appellant cannot be construed as a commission and the same is not the subject matter of...
February 27, 2018
C.Ex.:
Excisability - paper scrap generated in the factory - scrap of paper cannot be considered as a product different from the paper and Mere mentioning in the tariff is not...
February 27, 2018
C.Ex.:
SSI exemption - denial of benefit of Job work - The requirement of declaration under N/N. 214/86, is not a mere facility. The declaration serves the purpose of shifting...
February 27, 2018
C.Ex.:
Classification of Canvass and Tarpaulin - parts and accessories of motor vehicle or not - these Tarpaulin would be correctly classifiable under heading 6306 and not as...
February 27, 2018
I.Tax:
Addition on the sale of plot of land - The nature of land had gone irreversible change from agricultural to residential plots - this was an adventure in the nature of...
February 27, 2018
I.Tax:
Addition on account of difference in Arm’s Length Price - characterization of the business function of the taxpayer - When the taxpayer is not proved to be a risk bearer...
February 26, 2018
FEMA:
Risk Management and Inter-bank Dealings: Revised guidelines relating to participation of a person resident in India and Foreign Portfolio Investor (FPI) in the Exchange...
February 26, 2018
I.Tax:
CBDT made a scheme for centralised issuance of notice and for processing of information or documents and making available the outcome of the processing to the Assessing Officer.
February 26, 2018
I.Tax:
Application for registration of charitable or religious trusts, etc. - Rule 17A amended - Form No. 10A to be submitted electronically
February 26, 2018
I.Tax:
Addition in case of failure to deduct TDS u/s 194C - Since the recipient has already has admitted the income and paid the taxes and the amount in question was...
February 26, 2018
I.Tax:
Income of the consumer co-operative society - mutual association - activity of purchase and distribution of electric power - the assessee is a mutual association and the...
February 26, 2018
I.Tax:
Addition u/s.69 - difference of cash balance in the bank account as per books of account and as per the bank statement - once the books of accounts of the assessee are...
February 26, 2018
I.Tax:
Delay in payment of last installment of the Income Declaration Scheme, 2016 (IDS 2016) - there is no provision under the scheme, to grant any time, after 30.9.2017, to...
February 26, 2018
I.Tax:
Application for extension of time for payment of last installment of tax under the Income Disclosure Scheme 2016 - It would be for the Board (CBDT) to judge the facts on...
February 26, 2018
I.Tax:
Penalty u/S.158BFA(2) - on receipt of the notice following the search and seizure, the assessee has filed his returns within ten days of the expiry of the time...
February 26, 2018
S.Tax:
Penalty u/s 76 and 78 - the assessee cannot be penalised for non receipt of the tax from Rajasthan Housing Board. He has also not received tax and paid the same with...
February 26, 2018
S.Tax:
Chartered accountant - liability of service tax - activities like legal assistance, advisory work etc. were taxable under "Management, Consultant" service in terms of...
February 26, 2018
S.Tax:
Recovery of dues from legal heir - whether the SCN is validly issued in the name of Bhootpurva Sainik Security & Detective Service (after death of proprietor) - no...
February 26, 2018
C.Ex.:
Benefit of exemption - actual user condition - intended for use in the manufacture of handicrafts and utensils - The intended use of the said goods has been established...
February 26, 2018
C.Ex.:
Cenvat Credit - removal of damaged parts of capital goods - Independent and solo reading of Rule 5A without appreciating the context in which the same is appearing, as...
February 26, 2018
VAT:
Refund of tax paid on excess amount - price variation clause - since the price of the cylinder has been reduced, the assessee cannot charge more than the price fixed, is...
February 24, 2018
Cus.:
Refund of IGST on Export– Invoice mis-match Cases – Alternative Mechanism with Officer Interface
February 24, 2018
Cus.:
Anti-dumping duty on imports of "Toluene Di-Isocyanate (TDI)" originating in or exported from China PR, Japan and Korea RP - not to be levied for the period 5.12.2017 to 22.1.2018
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: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
H
: Revocation of Customs Broker license - The Tribunal found no evidence ...
H
: Valuation of exported CD ROMS - Import of goods by availing excess exp...
H
: Seeking grant of bail - custody for more than 41 days - Smuggling - Go...
H
: Approval of scheme of amalgamation - Application of the Alter Ego Prin...
H
: Arbitral Proceedings - Computation of one-year period for completing t...
H
: Rejection of application filed by the Appellant (Suspended Director) b...
H
: Fixation of IRP fees - lack of earnestness and proficiency on the part...
H
: Admission of Section 9 application filed by Operational Creditor - tim...
H
: Approval of Resolution plan - Propriety of the valuation exercise cond...
H
: Maintainability of the instant petition against Enforcement Case Infor...
A
: GST COLLECTION – NET COLLECTION DESERVE PUBLICATION/ REPORTING INSTEAD...
A
: Demand should not be raised when negative taxable and invoice value ar...
A
: Various Types Of Trusts and Their Importance
A
: IGST is not payable under RCM for services in Free-on-Board and Cost I...
F
: Bill To a Overseas Company Supply of goods Locally
N
: Amendment in Notification No. 60/2022 dated the 10th June, 2022 read w...
H
: Short/non-payment of service tax - Jurisdiction to raise the Demand - ...
H
: Refund of Cenvat Credit - 100% EOU / STPI unit - Export of services as...
H
: Refund claim - rejection on the grounds of unjust enrichment - The tri...
H
: Interest on delayed refund - relevant time for calculation of interest...
H
: Release of seized goods - The appellants argued that the seized goods ...
A
: MEETING OF CREDITORS - INSOLVENCY RESOLUTION PROCESS - PERSONAL GUARAN...
A
: Goods seized cannot be released by invoking writ jurisdiction if no ap...
A
: Various Types of Charges on Property
A
: Assessment Order quashed when Assessee incorrectly reported turnover i...
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: Guidelines for AOs for initiating proceedings u/s 147 of I.T. Act, 196...
A
: Navigating the Business Landscape: The Imperative of Effective Cost Ma...
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: REJECTION OF REPAYMENT PLAN
A
: Assessee is entitled to stay on recovery proceedings when Appellate Tr...
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