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Highlights / Annotations / Catch Notes For March of 2015
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Showing 201 to 250 of 332 Records
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March 16, 2015
I.Tax:
Depreciation on a part of issue of shares capitalised to Plant & Machinery and factory equipment denied - there is independent provision for amortisation expenses in...
March 16, 2015
I.Tax:
Eligibility to the benefit of exemption of Sec. 11 & 12 denied - legitimacy of expenditure on advertisement - payment made to M/s. SBC in which the trustees of the...
March 16, 2015
I.Tax:
Inflation of salary and wages - if we consider the case of 26 persons who had left the job in the month of August and September 2008 full explanation is not available -...
March 16, 2015
I.Tax:
Capital gains on account of development agreement - Unless there is willingness on the part of the developer to perform his part of the contract, there cannot be a...
March 16, 2015
I.Tax:
Validity of reopening of assessment - Out of these two conflicting jurisdiction charts only one should be correct - period of implementation of the jurisdiction chart...
March 16, 2015
I.Tax:
Maintainability of appeal filed by appellant [Shri R.Subba Rao, former Managing Director] in his individual capacity against the order of the learned CIT(A) passed in...
March 16, 2015
I.Tax:
Disallowance of claim of Exemption u/s.54F - investment in the purchase / acquisition of a new property should necessarily be in the name of the assessee and not in the...
March 15, 2015
C.Ex.:
Denial of interest on delayed refund of pre-deposit made - Dispute settled in 1997 but refund sanctioned in 2002 - claim of interest allowed - AT
March 15, 2015
Cus.:
Valuation of goods - Related person - transaction value is influenced being related person - the adjudicating authority has rightly loaded the value 10% on the transaction value - AT
March 15, 2015
VAT:
Constitutional validity of Section 29(7) of the Punjab Value Added Tax Act, 2005 - power to amend amend assessment - The dealer is provided with an opportunity of...
March 15, 2015
VAT:
Benefit of input tax rebate - whether Xerox machines, office stationary, air conditioners, building equipments, security system for building qualify for the benefit of...
March 15, 2015
Indian Laws:
Arbitration clause - territorial criterion / principle - Scope of Arbitration Act, 1996 - Maintainability of appeal against the Foreign Awards - e courts in India will...
March 14, 2015
I.Tax:
Application for grant of approval under section 10 (23C) (via) rejected - concessional treatment as given by the petitioner for the above assessment years being meagre 3....
March 14, 2015
I.Tax:
Entitlement to the deduction under Section 80IB - surrendered amount - appellant was not entitled to the deduction under Section 80IB on the surrendered amount though...
March 14, 2015
I.Tax:
Penalty under Section 271(1)(c) - ingenuineness of the gift -penalty confirmed after considering all relevant facts and recording satisfaction in terms of Section...
March 14, 2015
I.Tax:
Disallowance of gratuity and compensation, payment made to common support staff and expenses in respect of processing unit which was permanently closed down - closure of...
March 14, 2015
I.Tax:
Charitable activity u/s 2(15) - Exemption u/s 80G - assessee involved in technical support, training, research and reserves material related to participatory development...
March 14, 2015
I.Tax:
Receipt on transfer of Goodwill - assessee Company (EOPL) transferred its entire business to GNRS - assessee had offered the said capital receipt under the head...
March 14, 2015
I.Tax:
Receipt on transfer of Goodwill - assessee had offered the said capital receipt under the head ‘Capital Gains’, and under no circumstances the said amount can be...
March 14, 2015
I.Tax:
Disallowance u/s 14A - The AO has not shown any relation between the exempt income and expenditure incurred. Therefore, Ld. CIT(A) has rightly held that the AO has not...
March 14, 2015
I.Tax:
Estimation of gross profit rate - When the books of account of the assessee are upheld mere low yield or low GP cannot be ground for addition on account of trading results. - AT
March 13, 2015
S.Tax:
Waiver of pre-deposit - event management service - On the one hand the Commissioner says that KSCA conducting the event and on the other hand the demand is confirmed...
March 13, 2015
S.Tax:
Jurisdiction of Tribunal - appeal in respect of rebate claims made under the Finance Act, 1994 - This Appeal was clearly maintainable and should have been entertained...
March 13, 2015
S.Tax:
Tribunal had passed the exparte order directing pre-deposit - repeated adjournment sought by the counsel - matter restored before tribunal for reconsideration - HC
March 13, 2015
S.Tax:
Waiver of pre-deposit - Tribunal ought to have dealt with the specific contention of the petitioner with regard to the non establishment of the fact of wilful...
March 13, 2015
C.Ex.:
Denial of CENVAT Credit - pest control services - appellant has availed these services in the course of their business of manufacturing of excisable goods - credit allowed - AT
March 13, 2015
C.Ex.:
Commissioner has observed that penalty under Rule 13(1) can be imposed on the appellant but he further observed that the appellant has not been able to make out a case...
March 13, 2015
VAT:
Determination of turnover - Disallowance of discount - Assessee give discount on sale of motor vehicles - by issuing a credit note after receiving the amounts, of...
March 13, 2015
VAT:
Classification - If it had been the intention of the Legislature to distinguish between edible and inedible Starch, the Entry 118 itself would have explicitly said so...
March 13, 2015
VAT:
Classification - pure coconut oil which is manufactured by the revisionist - would be liable to tax at 4% and not as an unclassified item taxable at 12.5% - HC
March 13, 2015
VAT:
Classification of goods - Whether portable hand held electronic ticketing machine is an IT produce and falls under heading and sub-heading No.8471 to be eligible for tax...
March 13, 2015
I.Tax:
Unexplained credit u/s 68 - The AO here may have failed to discharge his obligation to conduct a proper inquiry to take the matter to logical conclusion. But CIT(A),...
March 13, 2015
I.Tax:
Goodwill v/s non compete fee - The reliance placed by the Assessing Officer on Section 55(2)(a) of the Income Tax Act was repelled by the Tribunal rightly on a plea that...
March 13, 2015
I.Tax:
Salary income - amount received by the appellant under the non-competition agreement - there is no relationship of employer and employee between the foreign company and...
March 13, 2015
I.Tax:
There is no specific notification or circular indicating that CPWD rate alone should be adopted in arriving at the cost of construction, the Tribunal is justified in...
March 13, 2015
I.Tax:
Revenue recognition as per AS-7 - guidance note was issued in 2012 and could not have been the basis for the additions made. Under such circumstances, in our opinion,...
March 13, 2015
I.Tax:
The treatment given in the books of account is not a sole factor to determine the year in which land was converted into ‘stock-in-trade’ but series of events undertaken,...
March 13, 2015
I.Tax:
Unaccounted cash deposits in Bank on various dates - addition u/s 68 deleted by CIT(A) - as the rest of substantive addition has been deleted, then there is no ground to...
March 12, 2015
DGFT:
Only three documents each would be mandatory for exports and imports of goods w.e.f. 1-4-2015 - DGFT
March 12, 2015
S.Tax:
Renting of premises by IRCTC/Railways - The argument is not valid that, the said part of the railway station premises and catering services through eating joints is...
March 12, 2015
C.Ex.:
There is mutuality of interest on the basis of evidence placed by the Revenue that the transaction value of the two dealers is much lower than the transaction value of...
March 12, 2015
C.Ex.:
Cenvat credit - denial on the premise that the process of repairing, reconditioning etc. cannot be treated as manufacturing activities - appellants are entitled to avail...
March 12, 2015
VAT:
Return of cheques collected illegally and without authority of law without assessment order - petitioner's legal right has to be safeguarded, but, at the same...
March 12, 2015
FEMA:
Citizens of Macau and Hong Kong will included in the list of countries which are prohibited to acquire/transfer immovable property in India - Circular
March 12, 2015
I.Tax:
Mere existence of an agreement between the assessee and its selling agents or payment of certain amounts as commission, assuming there was such payment, does not bind...
March 12, 2015
I.Tax:
Non issuance of notice u/s 143(2) - Reassessment u/s 147 - , this defect in the assumption of jurisdiction by the Assessing Officer cannot be cured by taking recourse to...
March 12, 2015
I.Tax:
Bogus accommodation entry - share application was received through banking channel - The assessee furnished the copy of share application forms, copy of Form no. 2...
March 12, 2015
I.Tax:
Deduction u/s 80IB - if the disallowance u/s 40A(3) is directly relatable to the profit of the eligible projects, then the deduction u/s 80IB be accordingly recomputed - AT
March 12, 2015
I.Tax:
Validity of notice u/s 148 - notice issued against ONGC as the representative assessee of the non-resident company - CIT(A) was not correct in holding that the notice...
March 11, 2015
S.Tax:
Cenvat Credit - input services - outdoor catering services - Rule 2(l) of the Cenvat Credit Rules, 2004 - credit allowed - HC
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