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Highlights / Annotations / Catch Notes For March of 2015
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March
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Showing 101 to 150 of 332 Records
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March 24, 2015
C.Ex.:
Clearance of goods after processing but as such - reversal of credit - value addition without any change in name, character or end use of goods cannot possibly...
March 24, 2015
C.Ex.:
Denial of rebate claim - merchant exporter - excess duty paid by the manufacturer supplier - rebate is admissible only to the extent of duty paid at the effective rate...
March 24, 2015
C.Ex.:
Re-export of capital goods as such - whether reversal of cenvat credit under rule 3(4)/ 3(5) of Cenvat Credit Rule 2004 on removal of inputs / capital goods as such is...
March 24, 2015
Cus.:
Penalties under Regulation 12 (8) of the Handling of Cargo in Custom Area Regulation, 2009 - If the show cause notice alleges violation and breach of these Regulations...
March 24, 2015
Cus.:
Extension of warehousing period - request for reexport - petitioner failed to discharge its duty by not paying the duty due on the warehoused goods as undertaken by it -...
March 24, 2015
VAT:
Classification of goods - "Ujala Supreme" and "Ujala Stiff and Shine" - once goods fall under any of the HSN classification, that is, the goods/commodities that are...
March 24, 2015
VAT:
Central Sale or not - Inter state sale or intra state sale - purchase of Beedi leaves in auction - Once the sale transaction concludes in the State of Andhra Pradesh...
March 24, 2015
VAT:
Classification of sale - whether the transaction itself was covered by an inter state sale or otherwise is a burden that the assessee has to discharge, that it did so...
March 24, 2015
I.Tax:
Disallowance u/s 80IC - allegation that assessee has inflated the receipts in Baddi unit - In the absence of establishing such relationship between two units assessing...
March 24, 2015
I.Tax:
Deemed dividend u/s 2(22)(e) - a person who is shareholder in the company is partner in the firm - it could not be legitimately held that amount retained by the firm...
March 24, 2015
I.Tax:
TDS while paying the amount under the award of the Motor Accident Claims Tribunal - There being clear provision under the Income Tax Act with regard to deduction of tax,...
March 24, 2015
I.Tax:
Refund on the basis of forged TDS certificates - criminal prosecution - respondent-accused, who was an Advocate, had just submitted the income tax return on behalf of...
March 24, 2015
I.Tax:
Deduction u/s 80-IA - the income on sale of certified emission reduction/carbon credit would form part of the profit and gains of business ; however, cannot be treated...
March 24, 2015
I.Tax:
Deduction u/s 80IA - Where a basket of "market values" are available for the relevant period and relevant geographical area where the eligible unit is situated, the...
March 24, 2015
I.Tax:
Sale of land - AO is not correct in holding that the land was not an agricultural land and the activity of purchase and sale of the said land being an adventure in the...
March 24, 2015
I.Tax:
Once the assessee exercises the option of claiming deduction from a particular assessment year, then only losses of the years beginning from initial assessment year...
March 24, 2015
I.Tax:
Additions on the basis of Admission / statement made during survey - facts create doubt regarding the genuineness of the survey. Thus addition has been made without any...
March 23, 2015
S.Tax:
Service elements in a composite (works) contract (involving transfer of property in goods and rendition of services), where such services are classifiable under...
March 23, 2015
S.Tax:
CENVAT Credit - Utilization of credit of the service tax on the insurance premium in respect of a Transit Insurance of induction furnace and transformer, Group Personal...
March 23, 2015
S.Tax:
Refund claim - excess refund of the service tax paid by commission agent - notification does not indicate that the words ‘ten percent' shall be effective in the...
March 23, 2015
C.Ex.:
Evasion of duty - Ignorance of law - Imposition of penalty u/s 11AC - Taking note of the specific provision of Section 11AC where there is a specific mandate that the...
March 23, 2015
C.Ex.:
Availment of CENVAT Credit - Outdoor Catering Service - where the input service used is integrally connected with the business of manufacturing the final product and...
March 23, 2015
C.Ex.:
Circulars issued by the Board are binding on the Departmental authorities. - In the absence of any such show cause notice, which is mandatory, the Department cannot seek...
March 23, 2015
Cus.:
Exemption from customs duty for goods imported to India for the purpose of carrying out job work in India and for export of the job worked (finished) product - whether...
March 23, 2015
Cus.:
Levy of anti dumping duty - dumping of Pentaerythritol - interested party - designated authority (DA) has violated the principles of natural justice in not giving an...
March 23, 2015
I.Tax:
Non deduction of tds u/s 195 - assessee is not liable to deduct tax at source when the non-resident agent provides services outside India on payment of commission - ...
March 23, 2015
I.Tax:
Entitlement to exemption under Section 11 - anonymous donations received - supply of fodder to cattle and animals is not only a good religious trust but it is also a...
March 23, 2015
I.Tax:
Transfer to the General Reserve on amalgamation - amounts transferred by the assessee company to the General Reserve on amalgamation is not in the nature of any benefit...
March 23, 2015
I.Tax:
Exemption u/s 11 - as two Authorities under the Act have concurrently come to a finding of fact that the amounts received by the respondent-assessee on account of...
March 23, 2015
I.Tax:
Exemption u/s 54F - long term capital gain - The approach of the authorities that once a habitable (Residential) asset is acquired, any additions or improvements made on...
March 23, 2015
I.Tax:
Disallowance of exemption u/s.11 - it is only the income from such investment or deposit which has been made in violation of section 11(5) that is liable to be taxed and...
March 23, 2015
I.Tax:
CIT(A) was right on the issue of set off of profit on sale of depreciable assets of ₹ 1.13 crores against long term capital gain which arose to the assessee on...
March 23, 2015
I.Tax:
Exemption u/s 10B - Profits on sale of incentives received from the Ministry of Commerce, Government of India - Vishesh Krishi Upaj Yojna - assessee is not entitled to...
March 23, 2015
I.Tax:
TPA - The assessee has to choose a method in accordance with the Act and the Rules. On production of such evidence, the Transfer Pricing Officer will have to give the...
March 23, 2015
I.Tax:
Penalty under section 271(1)(c) - bona fide or mala fide with an intention to evade taxes - not exigible to levy of penalty under section 271(1)(c) of the Act where the...
March 21, 2015
S.Tax:
Availment and utilization of CENVAT Credit - Capital goods - Merely because the tower parts etc. are assembled together, it would be totally unreasonable to suggest that...
March 21, 2015
S.Tax:
Whether the services provided to the Member by the cooperative society registered under the Karnataka Cooperative Societies Act 1959 is liable to service tax under...
March 21, 2015
C.Ex.:
If the Assessee in this case has paid duty at the tariff rate namely 20% and not availed of the exemption under the subject notification, and subsequently sought refund...
March 21, 2015
C.Ex.:
Denial of MODVAT Credit - Tribunal could not have disposed of the assessee's appeal, even in his absence, without considering the issue as to whether the products...
March 21, 2015
C.Ex.:
Through Rule 12 CCC of the 2002 Rules, the Central Government enabled the concerned assessing authority to place restriction as to the facility of making deferred...
March 21, 2015
Cus.:
Eligibility for concessional rate of additional duty on import of car - Notification No. 64/93-CE - it was almost impossible to visualise a situation where a foreign...
March 21, 2015
VAT:
Classification of Cord wire - Electronic good or Electrical good - the cord wire connecting the main switch with the instrument would not fall under the category of...
March 21, 2015
VAT:
Constitutional validity of Government notification dated 1.10.2012 - subsidy of sales tax or VAT, as the case may be, to small fishermen on purchase of high speed...
March 21, 2015
I.Tax:
Non deduction of tds - payment made for the purchase of software from the non resident for the purpose of downloading of licensed software is liable for deduction of...
March 21, 2015
I.Tax:
Depreciation on wind electric generations - wind mill generator is nothing but wind mill equipment on which depreciation is allowable @ 100% as per the statutory provision - AT
March 21, 2015
I.Tax:
Registration u/s 12AA denied - name of the company shown as "MAHINDRA EDUCATIONAL INSTITUTIONS" indicates plurality of institution - plurality is common Indian practice...
March 21, 2015
I.Tax:
Revision u/s 263 -opinion of CIT in treating the amount already allowed as contingent liability can certainly be considered as change of opinion. On the principles...
March 21, 2015
I.Tax:
Deduction u/s.80IA(4)(i) - CFS - Where no specific agreement with the State Government was entered into but from the approvals granted to the assessee it was inferred...
March 20, 2015
Indian Laws:
Highlights of the Undisclosed Foreign Income and Assets (Imposition of Tax) Bill, 2015 Introduced in Lok Sabha Today.
March 20, 2015
S.Tax:
Club Membership - charitable organization or not - Services are being provided in respect of the export of goods to their members - certification fees, membership fees...
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Quick Updates:
What's New:
Latest Case Laws
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Latest Circulars
H
: Supply of Tangible Goods for Use (STGU) - activity of hiring of rigs o...
H
: Penalty u/r 26(1) of Central Excise Rules, 2002 - charge of abating th...
H
: Refund of GST paid deposited by the Vendor on advance paid by the appe...
H
: Reimbursement of additional expenditure incurred due to an increase in...
F
: ITC CLAIMED AFTER DUE DATE
F
: GST PENALTY SECTION 122
F
: Reconciliation of Eway bills
F
: E-Way Bill Generation-Transporter does not have GSTIN
C
: Margin for Derivative Contracts
C
: Amendments to the All Industry Rates of Duty Drawback effective from 0...
H
: Provisional attachment of bank account - Expiry of one year from the d...
H
: Challenge to summary order passed against the petitioner u/s 74 - The ...
H
: Rejection of rectification petition - turnover of the petitioner was e...
H
: Exemption from GST - Hostel accommodation - residential dwelling for u...
H
: Reopening of assessment u/s 147 - The High Court noted that the extend...
H
: Set-off of losses against income from other sources u/s 70 - Applicabi...
H
: Addition u/s 68 - unexplained gifts received from family members - The...
H
: Rectification u/s 154 - The Assessee filed a rectification application...
H
: Nature of receipt - Profits in lieu of salary or capital receipt - Rec...
C
: Periodic reporting format for Investment Advisers
H
: Rejection of the application for final approval u/s. 80G on technical ...
H
: Taxability of income in India - Proof of residence - assessee is a non...
A
: TIMELINE FOR REFUND UNDER SECTION 38(3) OF THE DELHI VALUE ADDED TAX, 2004
A
: PRE-DEPOSIT & STAY OF DEMAND
A
: Who is The Regulatory Body of GIFT City in India?
N
: Securities and Exchange Board of India (Employees Service) (Second Ame...
N
: Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024.
N
: Export of food commodities through National Cooperative Exports Limite...
N
: Seeks to further amend List 34A and List 34B in the Appendix to the Ta...
A
: GST APPEALS: WHAT ONE SHOULD KNOW
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Highlights March March 2015 Year 2015
